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A. No STATE or Federal appropriated funds have been paid or will be paid,by or on
<br /> behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an
<br /> officer or employee of any STATE or Federal agency,a Member of the State Legislature or United States
<br /> Congress,an officer or employee of the Legislature or Congress,or any employee of a Member of the
<br /> Legislature or Congress in connection with the awarding of any STATE or Federal contract including this
<br /> Agreement,the making of any STATE or Federal loan,the entering into of any cooperative contract,and
<br /> the extension,continuation,renewal,amendment, or modification of any STATE or Federal contract,
<br /> grant,loan,or cooperative contract.
<br /> B. If any funds other than Federal appropriated funds have been paid,or will be paid,
<br /> to any person for influencing or attempting to influence an officer or employee of any Federal agency,a
<br /> member of Congress,an officer or employee of Congress or an employee of a member of Congress in
<br /> connection with this Agreement,grant,local,or cooperative contract,ADMINISTERING AGENCY shall
<br /> complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying,"in accordance with the
<br /> form instructions.
<br /> C. This certification is a material representation of fact upon which reliance was placed
<br /> when this Agreement was made or entered into. Submission of this certification is a prerequisite for
<br /> making or entering into this Agreement imposed by Section 1352,Title 31,U.S.Code. Any party who
<br /> fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not
<br /> more than$100,000 for each such failure.
<br /> 2. ADMINISTERING AGENCY also agrees by signing this document that the language of
<br /> this certification will be included in all lower tier sub-agreements which exceed$100,000 and that all such
<br /> sub-recipients shall certify and disclose accordingly.
<br /> ARTICLE VII - MISCELLANEOUS PROVISIONS
<br /> 1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or
<br /> liability occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY
<br /> under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING
<br /> AGENCY under this AGREEMENT. It is understood and agreed that,pursuant to Government Code
<br /> Section 895.4,ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE,
<br /> its officers, and employees from all claims,suits or actions of every name;kind and description brought
<br /> for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of
<br /> anything done,or omitted to be done,by ADMINISTERING AGENCY under,or in connection with,any
<br /> work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE
<br /> reserves the right to represent itself in any litigation in which STATE's interests are at stake.
<br /> 2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
<br /> responsible for any damage or liability occurring by reason of anything done,or omitted to be done, by
<br /> STATE under,or in connection, with any work, authority,or jurisdiction delegated to STATE under this
<br /> AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
<br /> STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed
<br /> for injury (as defined by Government Code Section 810.8)occurring by reason of anything done, or
<br /> omitted to be done,by STATE under, or in connection with, any work, authority,or jurisdiction delegated
<br /> to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in
<br /> any litigation in which ADMINISTERING AGENCY's interests are at stake.
<br /> 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
<br /> AGENCY, when engaged in the performance of this Agreement,shall act in an independent capacity and
<br /> not as officers,employees or agents of STATE.
<br /> 6 11/29/95
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