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under terms of this agreement. ■ Making false or fraudulent written statements. ■ Using or being under the influence of alcohol, marijuana, narcotics, or prescribed or non -prescribed controlled substances to the point it impairs performance under the terms of this Agreement. The use, possession, distribution, dispensing, or manufacture of alcohol, marijuana, or controlled substances in the work site or work vehicles. • Failing to properly safeguard confidential information, or the willful misuse or distribution of such information. Failing to properly remedy inappropriate conduct by Subagent or Subagent's VLRs after DOL has provided Agent and/or Agent has provided subagent notification, regardless of whether such notice was in lieu of a warning, reprimand, or suspension. Committing any act of fraudulent or dishonest dealing or crime involving in relation to the ability to perform duties under this Agreement. • Failing to provide reasonable oversight to prevent fraud, illegal acts, or Agreement breach of Subagent(s) and VLRs. Misusing the public trust pertaining to the position of an Agent, Subagent and/or VLRs. • Abandoning the business. • Employing or maintaining the employment of any person who has been convicted of a felony, a misdemeanor or gross misdemeanor related to the performance of services provided for in this Agreement. Notice of Breach: The written notice of Level III Breach will be issued to the Subagent in a timely manner, but no later than thirty (30) calendar days after the Agent's discovery and determination that the conduct constituted a Level III Breach. The notice will be delivered to the Subagent in person, by mail, or via email to the current contact information for the Subagent (Appointee), and the Subagent's Agreement Manager. Both Subagent (Appointee) and the Subagent's Agreement Manager must be provided notice of the Level I II breach; although it only needs to be provided once if the same individual serves both roles. The notice must specify that it is a Level III Breach and include the specific provision(s) of the Agreement that have been breached. Subagent Response: The Subagent (either an Appointee or Agreement Manager) is required to provide written acknowledgment of receipt notification of the Level III Breach within five (5) calendar days of receiving the notification. If the Subagent does not provide timely notice, this Agreement may be suspended until such time that the Subagent provides notice. Agent will then provide for a Termination Meeting with the Subagent, as described below. Immediate Suspension: Agent, depending on the nature and severity of the breach, may also elect to immediately suspend the Subagent's ability to perform transactions under this agreement. If Agent chooses to suspend this Agreement, Agent must include in its notice how the actions of the Subagent (or its VLRs) could cause immediate harm or damage to the State of Washington, DOL, the Agent's office, and/or the public at large. Agent will immediately notify DOL to suspend all VLR user access. Subagent must then provide notice to the public by posting a notice on the business's main door indicating the office is temporary closed, and also indicating the address(s) of a nearby office(s). County Agent/Subagent Contract: Page 9 of 28 Version: January 2020 Agent/Subagent Agreement County VLO #Vol904