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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 />XI11. <br />The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement. <br />XIV. <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 />XV. <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 />XVI. <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 />XVII. <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 />XVIII. <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 />Cas'h' Co~~-E~~~n me~~ <br />~D ~~~P <br />~,x. <br />No official or employee of a state or any other governmental instrumentality who is authorized in his <br />official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, <br />accepting, or approving any contract or subcontract in connection with a project shall have, directly or <br />indirectly, any financial or other personal interest in any such contract or subcontract. No engineer, <br />attorney, appraiser, inspector, or other person performing services for a state or a governmental <br />instrumentality in connection with a project shall have, directly or indirectly, a financial or other personal <br />interest, other than his employment or retention by a state or other governmental instrumentality, in any <br />contract or subcontract in connection with such project. No officer or employee of such person retained <br />by a state or other governmental instrumentality shall have, directly or indirectly, any financial or other <br />personal interest in any real property acquired for a project unless such interest is openly disclosed <br />Page 4 of 5 <br />16870 (Div. 09) <br />