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The Subrecipient covenants that its employees have no interest and will not acquire <br />interest, direct or indirect, in the study area or any parcels therein or any other interest <br />which would conflict in any manner or degree with the performance of services <br />hereunder. The Subrecipient further covenants that in the performance of this <br />Agreement, no person having such interest will be employed. <br />3. ertificatio n RegaJding Debarinerit. 1.11 pen ion, Ine lig ibility and Vo lu ntary -xeJusion - <br />Lower Tier Covered Transactions <br />a. The lower tier contractor certifies, by signing this contract that neither it nor its <br />principals is presently debarred, suspended, proposed for debarment, declared <br />ineligible, or voluntarily excluded from participation in this transaction by any <br />Federal department or agency. <br />b. Where the lower tier contractor is unable to certify to any of the statements in this <br />contract, 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 <br />into any lower tier covered transaction with a person who is debarred, suspended, <br />declared ineligible, or voluntarily excluded from participation in this covered <br />transaction. <br />D. Copyright <br />If this Agreement results in any copyrightable material or inventions, the Local Government <br />and/or COMMERCE reserves the right to royalty-free, non-exclusive and irrevocable license <br />to reproduce, publish or otherwise use and to authorize others to use, the work or materials <br />for governmental purposes. <br />E. Rel igious Acti · it ies <br />The Subrecipient agrees that funds provided under this Agreement will not be utilized for <br />inherently religious activities prohibited by 24 CFR 570.200G), such as worship, religious <br />instruction, or proselytization. <br />10. SEVERABILITY <br />If any provision of this Agreement is held invalid, the remainder of the Agreement will not be <br />affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. <br />11. PERFORMANCE W AIYER <br />The Local Government's failure to act with respect to a breach by the Subrecipient does not waive <br />its right to act with respect to subsequent or similar breaches. The failure of the Local Government <br />to exercise or enforce any right or provision will not constitute a waiver of such right or provision. <br />Agreement 2018-2019 CDBG-SR <br />Page 10 of 12