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<br />VIII. <br /> <br />The Contractor shall maintain accounting and project records that are sufficient to prepare required <br />reports, trace funds to level of expenditure, provide internal control by progress, provide budget control, <br />assure allowable costs, provide source documentation, and assure proper cash management. Such <br />records shall be made available to NDDOT and the federal government for inspection and audit during <br />the contract term and for three years after the date of final payment, unless: <br /> <br />Any litigation, claim, or audit is started before the expiration of three years, then the records shall be <br />retained until such action is satisfied. <br /> <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 sp~cific 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 />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, 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 />3 of 5 <br /> <br />DOT 16870 (Div. 09) <br />