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IX. In the event the Contractor fails to perform his obligations under this agreement, NDDOT shall terminate said agreement, pursuant to 48 CFR Part 49. Copies will be provided upon request. X. The Contractor shall not enter into any subcontracts without prior written approval of NDDOT. XI. NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to comply with OMS Cir. A-133. XII. This agreement constitutes the entire agreement between the parties. No waiver, consent, modification, or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Contractor, by the signature below of its authorized representative, hereby acknowledges that the Contractor has read this agreement, understands it, and agrees to be bound by its terms and conditions. XIII. The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement. XIV. The Contractor is advised that his or her signature on this contract certifies that the company or any person associated therewith is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction on any matter involving fraud or official misconduct within the past three years. XV. The Contractor shall not assign nor transfer the Contractor's interest in this agreement without the express written consent of the state. XVI. The provisions of this agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. XVII. The failure of the state to enforce any provisions of this contract shall not constitute a waiver by the state of that or any other provision. 3 of 5 DOT 16870 (Div, 09)