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with any applicable statute or rule , or is otherwise unenforceable , then such provision shall be deemed null and void to the extent of such conflict , and shall be deemed severable , but shall not invalidate any other provision of this Agreement . ( c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder , or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient . Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole . ( d ) The Agreement may be executed in any number of counterparts , any one of which may be taken as an original . ( e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law 101 - 336 , 42 U . S . C . Section 12101 et seg . ) , if applicable , which prohibits discrimination by public and private entities on the basis of disability in the areas of employment , public accommodations , transportation , State and local government services , and in telecommunications . (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity , may not be awarded or perform work as a contractor , supplier , subcontractor , or consultant under a contract with a public entity , and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list . ( g ) With respect to any Recipient which is not a local government or state agency , and which receives funds under this Agreement from the federal government , by signing this Agreement , the Recipient certifies , to the best of its knowledge and belief, that it and its principals :