|
N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her
<br /> knowledge and belief
<br /> 1 . No Federal appropriated funds have been paid or will be paid, by or on behalf of
<br /> the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
<br /> a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
<br /> connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
<br /> Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
<br /> amendment or modification of any Federal contract, grant, loan or cooperative agreement.
<br /> 2 . If any funds other than Federal appropriated fiords have been paid or will be paid
<br /> to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
<br /> Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
<br /> this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
<br /> Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions.
<br /> 3 . The undersigned shall require that the language of this certification be included in
<br /> the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
<br /> loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly .
<br /> This certification is a material representation of fact upon which reliance was placed when this
<br /> transaction was made or entered into . Submission of this certification is a prerequisite for making or entering
<br /> into this transaction imposed by Section 1352, Title 31 , U. S . Code. Any person who fails to file the required
<br /> certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each such
<br /> failure.
<br /> ARTICLE XXIL Term. This Agreement shall take effect upon its execution by both parties, and shall
<br /> terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
<br /> specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
<br /> delay .
<br /> ARTICLE XXIII. Events of Default. Remedies, and Termination
<br /> A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse
<br /> further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding
<br /> sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of
<br /> any one or more such events without waiving the right to exercise such remedies and without incurring liability
<br /> for further payment. Grantee may at its option terminate this Agreement and any and all funding under this
<br /> Agreement upon the occurrence of any one or more of the following:
<br /> 1 . Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
<br /> respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with
<br /> Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this
<br /> Agreement;
<br /> 2 . Subgrantee suffers any material adverse change in its financial condition while this Agreement is in
<br /> effect, as compared to its financial condition as represented in any reports or other documents
<br /> submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in
<br /> writing from Grantee;
<br /> 3 . Any reports required by this Agreement have not been submitted to Grantee or have been submitted
<br /> with inaccurate, incomplete, or inadequate information; or,
<br /> 4 . The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other
<br /> action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management
<br /> and Budget.
<br /> B . Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in
<br /> writing to Subgrantee to cure its failure of performance if such failure may be cured . Upon the failure of
<br /> 9
<br />
|