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<br />contract, or other covered transaction, with a person <br />who is similarly debarred or suspended from <br />participating in this covered transaction, unless <br />authorized in writing by USDOI to the Department. <br /> <br />B. Upon execution of this Agreement by the Grantee, the <br />Grantee shall complete, sign and return a ~ of the <br />form entitled "Certification Regarding Debarments, <br />Suspension, Ineligibility and Voluntary Exclusion <br />Lower Tier Federally Funded Transactions", attached <br />hereto and made a part hereof as Attachment C. <br /> <br />C. As required by paragraphs A and B above, the Grantee <br />shall include the language of this section, and <br />Attachment C in all subcontracts or lower tier <br />agreements executed to support the Grantee's work <br />under this Agreement. <br /> <br />42. This Project Agreement has been delivered in the State of <br />Florida and shall be construed in accordance with the laws <br />of Florida. Wherever possible, each provision of this <br />Project Agreement shall be interpreted in such manner as to <br />be effective and valid under applicable law, but if any <br />provision of this Project Agreement shall be prohibited or <br />invalid under applicable Florida law, such provision shall <br />be ineffective to the extent of such prohibition or <br />invalidity, without invalidating the remainder of such <br />provision or the remaining provisions of this Project <br />Agreement. Any action hereon or in connection herewith <br />shall be brought in Leon County, Florida unless prohibited <br />by applicable law. <br /> <br />43. No delay or failure to exercise any right, power or remedy <br />accruing to either party upon breach or default by either <br />party under this proj ect Agreement, shall impair any such <br />right, power or remedy of either party; nor shall such <br />delay or failure be construed as a waiver of any such <br />breach or default, or any similar breach or default <br />thereafter. <br /> <br />44. This Project Agreement is not intended nor shall it be <br />construed as granting any rights, privileges or interest in <br />any third party without mutual written agreement of the <br />parties hereto. <br /> <br />45. This Project Agreement is an exclusive contract and may not <br />be assigned in whole or in part ~ithout the prior written <br />approval of the Department. <br /> <br />DEP Agreement No. LW445 <br /> <br />Page 120f14 <br />