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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 wilhout 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 purpcise 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 onts authorized representative, hereby acknowledges that the Contractor has read this <br />agreement, understands it, and agrees to be bound by its terms and condilions. <br /> <br />XIII. . <br /> <br />The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement. . <br /> <br />XIV. <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, v61unlarily <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 wilhin the past three years. <br /> <br />XV. <br /> <br />The Contractor shall not assign nor transfer the Ccintractor.s intArest in this agreement without Ihe <br />express written consent of the. state. <br /> <br />XVI. <br /> <br />The provisions of this agreement shall be binding upon and shall inure to the benefit of the parties <br />hereto, and their respeclive 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 />3015. <br />