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04 / 16 / 2003 13 : 17 5617705017 NATHAN MCCOLLUM PAGE 10 <br /> with any applicable statute or rule, or is otherwise unenforceable , then such provision shall be deemed null <br /> and void to the extent of such conflict, and shall be deemed severable , but shall not invalidate any other <br /> provision of this Agreement . <br /> (c) No waiver by the Department of any right or remedy granted hereunder or failure to <br /> insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or <br /> remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by <br /> the Department for any further or subsequent default by the Recipient , Any power of approval or <br /> disapproval granted to the Department under the terms of this Agreement shall survive the terms and life <br /> of this Agreement as a whole . <br /> (d ) The Agreement may be executed in any number of counterparts , any one of which <br /> may be taken as an original . <br /> (e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law <br /> 101 - 336 , 42 U . S . C . Section 12101 et sea . ) , if applicable, which prohibits discrimination by public and <br /> private entities on the basis of disability in the areas of employment, public accommodations , <br /> transportation , State and local government services , and in telecommunications . <br /> ( f) A person or affiliate who has been placed on the convicted vendor list following a <br /> conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract <br /> to provide any goods or services to a public entity , may not submit a bid on a contract with a public entity <br /> for the construction or repair of a public building or public work , may not submit bids on leases of real <br /> properly to a public entity , may riot be awarded or perform work as a contractor, supplier, subcontractor, <br /> or consultant under a contract with a public entity , and may not transact business with any public entity in <br /> excess of Category Two for a period of 35 months from the date of being placed on the convicted vendor <br /> or discriminatory vendor list . <br /> ( g ) With respect to any Recipient which is not a local government or state agency , and <br /> which receives funds under this Agreement from the federal government, by signing this Agreement , the <br /> Recipient certifies , to the best of its knowledge and belief, that it and its principals . <br /> 9 <br />