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<br /> In addition, the Agency agrees that if it fails or refuses to comply with these XV Venue for Claims and /or Causes of Action
<br /> undertakings, the State may take any or all of the following actions: For the convenience of the parties to this contract, it is agreed that any claims
<br /> (a) Cancel, terminate, or suspend this agreement in whole or in part; and/or causes of action which the Local Agency has against the State of
<br /> Washington, growing out of this contract or the project with which it is
<br /> (b) Refrain from extending any further assistance to the Agency under the concerned, shall be brought only in the Superior Court for Thurston County
<br /> program with respect to which the failure or refusal occurred until satisfactory
<br /> assurance of future compliance has been received from the Agency and XVI. Certification Regarding the Restrictions of the Use
<br /> of Federal Funds for Lobbying
<br /> (c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies, to the best of his or her knowledge and
<br /> proceedings. belief, that:
<br /> XIII. Liquidated Damages (1) No federal appropriated funds have been paid or will be paid, by or on
<br /> behalf of the undersigned, to any person for influencing or attempting to
<br /> The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency a member of Congress,
<br /> Part 635, Subpart 127 as supplemented, relative to the amount of Federal an officer or employee of Congress, or an employee of a member of Congress in
<br /> participation in the project cost, shall be applicable in the event the contractor connection with the awarding of any federal contract, the making of any federal
<br /> fails to complete the contract within the contract time. Failure to include grant, the making of any federal loan, the entering into of any cooperative
<br /> liquidated damages provision will not relieve the Agency from reduction of agreement, and the extension, continuation, renewal, amendment, or
<br /> federal participation in accordance with this paragraph. modification of any federal contract, grant, loan, or cooperative agreement.
<br /> XIV Termination for Public Convenience (2) If any funds other than federal appropriated funds have been paid or will
<br /> The Secretary of the Washington State Department of Transportation may be paid to any person for influencing or attempting to influence an officer or
<br /> terminate the contract in whole, or from time to time in part, whenever employee of any federal agency a member of Congress, an officer or employee
<br /> (1) The requisite federal funding becomes unavailable through failure of of Congress, or an employee of a member of Congress in connection with this
<br /> federal contract, grant, loan, or cooperative agreement, the undersigned shall
<br /> appropriation or otherwise. complete and submit the Standard Form LLL, "Disclosure Form to Report
<br /> (2) The contractor is prevented from proceeding with the work as a direct Lobbying, in accordance with its instructions.
<br /> result of an Executive Order of the President with respect to the prosecution of
<br /> war or in the interest of national defense, or an Executive Order of the President (3) The undersigned shall require that the language of this certification be
<br /> or Governor of the State with respect to the preservation of energy resources. included in the award documents for all subawards at all tiers (including
<br /> subgrants, and contracts and subcontracts under grants, subgrants, loans, and
<br /> (3) The contractor is prevented from proceeding with the work by reason of a cooperative agreements) which exceed 100,000, and that all such subrecipients
<br /> preliminary, special, or permanent restraining order of a court of competent shall certify and disclose accordingly
<br /> jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance was
<br /> omissions of persons or agencies other than the contractor placed when this transaction was made or entered into. Submission of this
<br /> certification as a prerequisite for making or entering into this transaction
<br /> (4) The Secretary determines that such termination is in the best interests of imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
<br /> the State. required certification shall be subject to a civil penalty of not less than $10,000
<br /> and not more than $100,000 for each such failure.
<br /> Additional Provisions
<br /> DOT Form 140 -039 EF 4
<br /> Revised 01/2004
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