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determination of ineligibility by any federal agency; has not been suspended, <br />debarred, voluntarily excluded, or determined ineligible by any federal agency <br />within the past three (3) years; does not have a proposed debarment pending; and <br />has not been indicted, convicted, or had a civil judgment rendered against it by a <br />court of competent jurisdiction in any matter involving fraud or official misconduct <br />within the past three (3) years. Any exceptions to this certification must be <br />disclosed to City. <br />b. Exceptions to the Federal Government Excluded Parties List System maintained by <br />the General Services Administration are to be determined by the Federal Highway <br />Administration. <br />26. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />[SIGNATURES ON FOLLOWING PAGE] <br />Page 18 <br />