WITHHELD, DELAYED, OR DENIED
AND/OR THIS CONTRACT SUSPENDED UNTIL THE CONTRACTOR IS CURRENT IN ITS PAYMENTS
AND HAS SUBMITTED PROOF OF SUCH PAYMENT TO THE STATE.
D.
THE CONTRACTOR WARRANTS THAT IT HAS NO
CURRENT OR PENDING OR OUTSTANDING CRIMINAL, CIVIL, OR ENFORCEMENT ACTIONS
INITIATED BY THE STATE OF INDIANA PENDING, AND AGREES THAT IT WILL IMMEDIATELY
NOTIFY THE STATE OF ANY SUCH ACTIONS.
DURING THE TERM OF SUCH ACTIONS,
CONTRACTOR AGREES THAT THE STATE MAY DELAY, WITHHOLD, OR DENY WORK UNDER ANY
SUPPLEMENT OR CONTRACTUAL DEVICE ISSUED PURSUANT TO THIS CONTRACT AND ANY
SUPPLEMENTS OR AMENDMENTS.
E.
IF A VALID DISPUTE EXISTS AS TO THE
CONTRACTOR'S LIABILITY OR GUILT IN ANY ACTION INITIATED BY THE STATE OF INDIANA
OR ITS AGENCIES, AND THE STATE DECIDES TO DELAY, WITHHOLD, OR DENY WORK TO THE
CONTRACTOR, THE CONTRACTOR MAY REQUEST THAT IT BE ALLOWED TO CONTINUE, OR
RECEIVE WORK, WITHOUT DELAY.
THE CONTRACTOR MUST SUBMIT, IN WRITING, A REQUEST
FOR REVIEW TO THE INDIANA DEPARTMENT OF ADMINISTRATION (IDOA) FOLLOWING THE
PROCEDURES FOR DISPUTES OUTLINED HEREIN.
A DETERMINATION BY IDOA SHALL BE
BINDING ON THE PARTIES.
F.
ANY PAYMENTS THAT THE STATE MAY DELAY,
WITHHOLD, DENY, OR APPLY UNDER THIS SECTION SHALL NOT BE SUBJECT TO PENALTY OR
INTEREST UNDER IC 5-17-5.
G.
THE CONTRACTOR WARRANTS THAT THE
CONTRACTOR AND ITS SUBCONTRACTORS, IF ANY, SHALL OBTAIN AND MAINTAIN ALL
REQUIRED PERMITS, LICENSES, AND APPROVALS, AS WELL AS COMPLY WITH ALL HEALTH,
SAFETY, AND ENVIRONMENTAL STATUTES, RULES, OR REGULATIONS IN THE PERFORMANCE OF
WORK ACTIVITIES FOR THE STATE.
FAILURE TO DO SO MAY BE DEEMED IS A MATERIAL
BREACH OF THIS CONTRACT AND GROUNDS FOR TERMINATION OF THE AGREEMENT AND DENIAL
OF FURTHER WORK WITH THE STATE, SUBJECT TO THE NOTICE AND CURE PROVISIONS OF
SECTION 11.01(I) OF THE AGREEMENT.
H.
THE CONTRACTOR HEREBY AFFIRMS THAT IT IS
PROPERLY REGISTERED AND OWES NO OUTSTANDING REPORTS WITH THE INDIANA SECRETARY
OF STATE.
I.
AS REQUIRED BY IC 5-22-3-7:
(1)
the Contractor and any principals of the
Contractor certify that (A) the Contractor, except for de minimis and
nonsystematic violations, has not violated the terms of (i) IC 24-4.7 [Telephone
Solicitation Of Consumers], (ii) IC 24-5-12 [Telephone Solicitations], or (iii)
IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous three
hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law;
and (B) the Contractor will not violate the terms of IC 24-4.7 for the duration
of the Contract, even if IC 24-4.7 is preempted by federal law.
(2)
The Contractor and any principals of the
Contractor certify that an affiliate or principal of the Contractor and any
agent acting on behalf of the Contractor or on behalf of an affiliate or
principal of the Contractor:
(A) except for de minimis and nonsystematic
violations, has not violated the
E-2
terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if
IC 24-4.7 is preempted by federal law; and (B) will not violate the terms of IC
24-4.7 for