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XI. <br /> <br />NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to <br />comply with OMB 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, cohsent, 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 written, 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 agrees to be bound by its terms and conditions. <br /> <br />XlII. <br /> <br />The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement. <br /> <br />XlV. <br /> <br />The Contractor is advised that his or her signature on this contract certifies that the company or any <br />person associated therewith is not currently under suspension, debarment, voluntary exclusion, or <br />determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily <br />excluded, or determined ineligible by 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 competent jurisdiction on <br />any matter involving fraud or official misconduct within the past three years. <br /> <br />XV. <br /> <br />The Contractor shall not assign nor transfer the Contractor's interest in this agreement without the <br />express written consent of the state. <br /> <br />XVl. <br /> <br />The provisions of this agreement shall be binding upon and shall inure to the benefit of the parties <br />hereto, and their respective successors and 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 />XVlll. <br /> <br />All notices, certificate, or other communications shall be sufficiently given when delivered or mailed, <br />postage prepaid, to the parties at their respective places of business as set forth below or at a place <br />designated hereafter in writing by the parties. <br /> <br />NAME ANDADDRESS <br /> <br />3 of 5 <br /> <br />DOT 16870 (Div. 09) <br /> <br /> <br />