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• <br /> 4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should <br /> ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner <br /> herein provided. In the event of such termination,STATE may proceed with the PROJECT work in any <br /> manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING <br /> AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY <br /> under this AGREEMENT prior to termination,provided,however,that the cost of PROJECT completion <br /> to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this. <br /> AGREEMENT,and the balance,if any, shall then be paid ADMINISTERING AGENCY upon demand. <br /> 5. Without the written consent of STATE,this AGREEMENT is not assignable by <br /> ADMINISTERING AGENCY either in whole or in part. <br /> 6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in <br /> writing and signed by the parties hereto,and no oral understanding or Agreement not incorporated herein <br /> shall be binding on any of the parties hereto. <br /> 7. ADMINISTERING AGENCY warrants,by execution of this AGREEMENT,that no <br /> person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an <br /> agreement or understanding for a commission,percentage, brokerage,or contingent fee,excepting bona <br /> fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING <br /> AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the <br /> right to annul this AGREEMENT without liability,pay only for the value of the work actually performed, <br /> or in STATE's discretion,to deduct from the price of consideration,or otherwise recover, the full amount <br /> of such commission, percentage,brokerage, or contingent fee. <br /> 8. In accordance with Public Contract Code Section 10296,ADMINISTERING AGENCY <br /> hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of <br /> court by.a Federal court has been issued against ADMINISTERING AGENCY within the immediate <br /> preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of <br /> a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor <br /> Relations Board. <br /> 9. ADMINISTERING AGENCY shall disclose any financial,business,or other relationship <br /> with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT. <br /> ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the <br /> outcome of this AGREEMENT. <br /> 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it <br /> acquire any financial or business interest that would conflict with the performance of PROJECT under this <br /> AGREEMENT. <br /> 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or <br /> secured through rebates,kickbacks or other unlawful consideration either promised or paid to any STATE <br /> employee. For breach or violation of this warranty, STATE shall have the right,in its discretion,to <br /> terminate this AGREEMENT without liability,to pay only for the work actually performed,or to deduct <br /> from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate,kickback, <br /> or other unlawful consideration. <br /> 12. This Agreement is subject to any additional restrictions,limitations,conditions, or any <br /> statute enacted by the State Legislature that may affect the provisions,terms, or funding of this <br /> AGREEMENT in any manner. <br /> 7 11/29/95 <br />