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10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured <br />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 <br />deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such <br />rebate, kickback, or other unlawful consideration. <br />11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed <br />of by agreement shall be decided by the STATE's Contract Officer who may consider any written <br />or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, <br />issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact <br />considered and determined by the Contract Officer. <br />12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse <br />ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this <br />AGREEMENT. <br />13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any <br />injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, <br />under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is <br />understood and agreed that STATE shall fully defend, indemnify and save harmless the <br />ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions <br />of every name, kind and description brought forth under, including, but not limited to, tortious, <br />contractual, inverse condemnation and other theories or assertions of liability occurring by reason <br />of anything done or omitted to be done by STATE under this AGREEMENT. <br />14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage <br />or liability occurring by reason of anything done or omitted to be done by ADMINISTERING <br />AGENCY under, or in connection with, any work, authority or jurisdiction arising under this <br />AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, <br />indemnify and save harmless STATE and all of its officers and employees from all claims, suits or <br />actions of every name, kind and description brought forth under, including, but not limited to, <br />tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by <br />reason of anything done or omitted to be done by ADMINISTERING AGENCY under this <br />AGREEMENT. <br />15. STATE reserves the right to terminate funding for any PROJECT upon written notice to <br />ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with <br />PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding <br />requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or <br />PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is <br />significantly endangered. <br />Page 15 of 26 <br />