d. Contract approval
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d. Contract approval
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<br />IX. <br /> <br />In the event the Contractor fails to perform his obligations under this agreement, NDDOT shall <br />terminate said agreement, pursuant to 48 CFR Part 49. Copies will be provided upon request. <br /> <br />X. <br /> <br />The Contractor shall not enter into any subcontracts without prior written approval of NDDOT. <br /> <br />XI. <br /> <br />NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to <br />comply with OMS Cir. A~133. ,- . <br /> <br />XII. <br /> <br />This agreement constitutes the entire agreement between the parties. No waiver, consent, )'( <br />modification, or change of terms of this agreement shall bind either party unless in writing and signed <br />by both parties. Such waiver, consent, modification, or change, if made, . shall be effective only in the <br />specific - instance and for the specific purpose given. There are no understandings, agreements, or <br />representations, oral or writt(3n, not specified herein regarding this agreement. The Contractor, by' the <br />signature below of its authorized representative, hereby acknowledges that the Contractor 'has read this <br />agreement, understands it, and agr.ees to be bound by its terms and conditions. <br /> <br />,XIII. <br /> <br />The Risk Management Appendix, attache~, i~herebY incorporated and made'a part of this agreement. <br />XIV. <br /> <br />, The Contrqctor' is advised that his or her signature on this contract certifies that the company or any <br />person associated therewith is not currently unde(suspension, debarment, voluntary exclusioll, or <br />determination of ineligibility by any federal -agency; has not been suspended, debarred, voluntarily <br />,excluded, or determined ineligible Qy,any federal agency within the past three years; and has not been' <br />indicted, convicted, or had a Civil judgment rendered against it by a court of comp'etent jurisdiction on <br />any matter involving fraud or official misconduct with ill the past three years. ' <br /> <br />XV. <br /> <br />. The Contractor 'shall no.t assign nor .transfer the Contractor's interest in this agreement without the <br />express w'ritten consent of the state. <br /> <br />.XVI. <br /> <br />The provisions ofthi_sagreement shall be binding upon and shaUinure to the benefit of the parties <br />hereto, and thei( respective succes$orsand assigns. <br /> <br />XVII. <br /> <br />The failure of the state to enforce any provisions of this contract shall not constitute a waiver by the <br />state of that or any other provision. <br /> <br />3015 <br /> <br />DOT 16870 (Div, 09) <br />
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