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b. Where the lower tier contractor is unable to certify to any of the statements in this contract, <br />such contractor will attach an explanation to this contract. <br />c. The contractor further agrees by signing this contract that it will not knowingly enter into any <br />lower tier covered transaction with a person who is debarred, suspended, declared <br />ineligible, or voluntarily excluded from participation in this covered transaction. <br />D. Copyright <br />If this Agreement results in any copyrightable material or inventions, the Local Government and/or <br />Commerce reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, <br />publish or otherwise use and to authorize others to use, the work or materials for governmental <br />purposes. <br />Religious Activities <br />The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently <br />religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or <br />proselytization. <br />11. SEVERABILITY <br />If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected <br />thereby and all other parts of this Agreement will nevertheless be in full force and effect. <br />12. PERFORMANCE WAIVER <br />The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right <br />to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or <br />enforce any right or provision will not constitute a waiver of such right or provision. <br />13. ENTIRE AGREEMENT <br />This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for <br />the use of funds received under this Agreement and it supersedes all prior communications and proposals, <br />whether electronic, oral, or written between the Local Government and the Subrecipient with respect to <br />this Agreement. <br />(OPTIONAL: The attachments to this Agreement are identified as follows:] <br />IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date <br />and year last written below. <br />67 <br />