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lf any AGENCY property is lost, destroyed or damaged, the CONTRACTOR shall <br />immediately notify the AGENCY and shall take all reasonable steps to protect <br />the property from further damage. <br />The CONTRACTOR shall surrender to the AGENCY all property of the AGENCY <br />prior to settlement upon completion, termination or cancellation of this <br />contract <br />All reference to the CONTRACTOR under this clause shall also include <br />CO NTRACTO R'S em ployees, agents o r SU BCONTRACTORS. <br />40. U.S. Department of Treasury, Office of Foreign Assets Control <br />The agency complies with U.5. Department of the Treasury, Office of Foreign Assets Control <br />(OFAC) payment rules. OFAC prohibits financial transactions with individuals or organizations, <br />which have been placed on the OFAC Specially Designated Nationals (SDN) and Blocked Persons <br />sanctions list located at htto:1,/www.treas.eovloffiqes/enforcementlofac/index.html. <br />Compliance with OFAC payment rules ensures that the agency does not conduct business with <br />indlviduals or organizations that have been determined to be supporters of terrorism and <br />international drug dealing or that pose other dangers to the United States. <br />Prior to making payment to individuals or organizations, the agency will download the current <br />OFAC SDN file and compare it to agency and statewide vendor files. ln the event of a positive <br />match, the agency reserves the right to: (1) make a determination of "reasonability" before <br />taking the positive match to a higher authority, (2) seek assistance from the Washington State <br />Office of the State Treasurer (OST) for advanced assistance in resolving the positive match, (3) <br />comply with an OFAC investigation, if required, and/or (4) if the positive match is substantiated, <br />notify the CONTRACTOR in writing and terminate the contract according to the Termination for <br />Convenience provision without making payment. The agency will not be liable for any late <br />payment fees or missed discounts that are the result of time required to address the issue of an <br />OFAC match, <br />4I. WAIVER <br />Waiver of any default or breach shall not be deemed a waiver of any subsequent default or <br />breach. Any waiver shall not be construed to be a modification of the terms of this contract <br />unless stated to be such in writing and signed by authorized representative of the AGENCY. <br />42. WAGE THEFT CERTIFICATION <br />CONTRACTOR certifies by signing this agreement that, to the best of its knowledge and belief, <br />they have not been determined by a final and binding citation and notice of assessment issued <br />by the Washington Department of Labor and lndustries or through a civiljudgment entered by a <br />court of limited or generaljurisdiction to have willfully violated, as defined in RCW 49.48.082, <br />d <br />e <br />f. <br />OFM CONTRACT NO. K301.2 Page 17 of 2L