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Page 40 of 53 <br />(b) Provision applicable to a recipient other than a private entity. We as the Federal <br />awarding agency may unilaterally terminate this award, without penalty, if a subrecipient <br />that is a private entity <br />(1) Is determined to have violated an applicable prohibition in paragraph a.I of this award <br />term; or <br />(2) Has an employee who is determined by the agency official authorized to terminate the <br />award to have violated an applicable prohibition in paragraph a.1 of this award term <br />through conduct that is either: <br />(i) Associated with performance under this award; or <br />(ii) Imputed to the subrecipient using the standards and due process for imputing the <br />conduct of an individual to an organization that are provided in 2 CFR part 180, <br />"OMB Guidelines to Agencies on Governrnentwide Debarment and Suspension <br />(Nonprocurement)," as implemented by our agency at 2 CFR part 1400. <br />(c) Provisions applicable to any recipient. <br />(1) You must inform us immediately of any information you receive from any source <br />alleging a violation of a prohibition in paragraph a.I of this award term. <br />(2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this <br />section: <br />(i) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 <br />(TVPA), as amended (22 U.S.C. 7104(g)), and <br />(ii) Is in addition to all other remedies for noncompliance that are available to us <br />under this award. <br />(3) You must include the requirements of paragraph a.1 of this award term in any <br />subaward you make to a private entity. <br />(d) Definitions. For purposes of this award term: <br />(1) "Employee" means either: <br />(i) An individual employed by you or a subrecipient who is engaged in the <br />performance of the project or program under this award; or <br />(ii) Another person engaged in the performance of the project or program under this <br />award and not compensated by you including, but not limited to, a volunteer or <br />individual whose services are contributed by a third party as an in -kind <br />contribution toward cost sharing or matching requirements. <br />Agreement No. R20AP00077 Agreement Template <br />20 C -42 (03/2019) <br />