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9. Availability of Funds. It is expressly understood and agreed that the obligation of the Agency to proceed
under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature
and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the
agreement are, at any time, not forthcoming or insufficient, either through the failure of the federal
government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or
material alteration of the program under which funds were provided or if funds are not otherwise available
to the Agency, the Agency shall have the right upon ten (10) working days written notice to Contractor, to
terminate this agreement without damage, penalty, cost or expenses to the Agency of any kind whatsoever.
The effective date of termination shall be as specified in the notice of termination.
10. Representation Regarding Contingent Fees. Contractor represents that it has not retained a person to
solicit or secure a state contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, except as disclosed in Contractor’s bid or proposal.
11. Representation Regarding Gratuities. Contractor represents that it has not violated, is not violating, and
promises that it will not violate the prohibition against gratuities set forth in Section 6-204 (Gratuities) of
the Mississippi Personal Service Contract Review Board Rules and Regulations.
12. Compliance with Laws. Contractor understands that the [AGENCY NAME] is an equal opportunity
employer and therefore, maintains a policy which prohibits unlawful discrimination based on race, color,
creed, sex, age, national origin, physical handicap, disability, genetic information, or any other
consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful and
Contractor agrees during the term of the agreement that Contractor will strictly adhere to this policy in its
employment practices and provision of services. Contractor shall comply with, and all activities under
this agreement shall be subject to, all applicable federal, State of Mississippi, and local laws and
regulations, as now existing and as may be amended or modified.
13. Insurance. Contractor represents that it will maintain workers’ compensation insurance as required by the
State of Mississippi which shall inure to the benefit of all the Contractor’s personnel provided hereunder;
comprehensive general liability or professional liability insurance, with minimum limits of $1,000,000
per occurrence for bodily injury, personal injury, accidental death, and property damage; and employee
dishonesty insurance or fidelity bond insurance with minimum limits of $1,000,000 with third party
coverage. Contractor represents that is may be required to maintain automobile liability insurance
covering all vehicles, owed or otherwise, used in the contract work with limits of $1,000,000 for injuries
including accidental death to any person and subject to the same limit for each person for any one accident
involving two or more person; and automobile property damage insurance covering all property damage
by automobile with limits of $1,000,000 for all property damage by automobile. All general liability,
professional liability, employee dishonesty, fidelity bond, automobile liability, and automobile property
damage insurance will provide coverage to the State of Mississippi as an additional insured. The
[AGENCY NAME] reserves the right to request from carriers, certificates of insurance regarding the
required coverage. Insurance carriers must be licensed or hold a Certificate of Authority from the
Mississippi Department of Insurance.