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180127th Street <br />Vero Beach, FL 32960 <br />(6). Failure of Luminare to comply with these requirements shall be a material breach of this <br />Agreement. <br />11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas <br />exclusively, excluding its conflicts of laws principles. Both the Uniform Computer Information <br />Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods <br />(1980) are excluded in their entirety from application to this Agreement. The parties consent to the <br />exclusive jurisdiction of and venue in the federal and/or state courts for Austin, Texas, for all claims <br />arising out of or relating to this Agreement or the Company's use of the Service. Notwithstanding any <br />law, rule or regulation to the contrary, the Company agrees that any claim or cause of action it may <br />have arising out of this Agreement or the Company's use of the Service must be filed within one (1) <br />year after such claim or cause of action arose or be forever barred. <br />12. Clean Air Act: <br />(1) Luminare agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. <br />(2) The contractor agrees to report each violation to the Company and understands and <br />agrees that the Company will, in turn, report each violation as required to assure notification <br />to the Federal Emergency Management Agency, and the appropriate Environmental <br />Protection Agency Regional Office. <br />(3) Luminare agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal assistance provided by FEMA. <br />13. Federal Water Pollution Control Act: <br />(1) Luminare agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. <br />(2) Luminare agrees to report each violation to the Company and understands and agrees <br />that the Company will, in turn, report each violation as required to assure notification to the <br />Federal Emergency Management Agency, and the appropriate Environmental Protection <br />Agency Regional Office. <br />(3) Luminare agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal assistance provided by FEMA. <br />14. Debarment and Suspension (1) This contract is a covered transaction for purposes of <br />2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Luminare is required to verify that none of <br />Luminare, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. <br />§ 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. <br />§ 180.935). <br />(2) Luminare must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart <br />C and must include a requirement to comply with these regulations in any lower tier covered <br />transaction it enters into. <br />(3) This certification is a material representation of fact relied upon by Company. If it is later <br />determined that Luminare did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. <br />3000, subpart C, in addition to remedies available to Company, the Federal Government may <br />pursue available remedies, including but not limited to suspension and/or debarment. <br />(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, <br />subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period <br />