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PART V <br /> GENERAL PROVISIONS <br /> 5.1 GRANTEE REPRESENTATIONS AND WARRANTIES•GRANTEE GENERAL COVENANTS <br /> A. Grantee Representations and Warranties In connection with the execution and delivery of this <br /> Agreement,the Grantee makes the following representations and warranties to the Department: <br /> (1) That it has all requisite authority to carry on its business and to execute,deliver and consummate <br /> the transactions contemplated by this Agreement; <br /> (2) That its employees, agents and officials are competent to perform as required under this <br /> Agreement; <br /> (3) That it is the real party in interest to this Agreement and is not acting for or on behalf of an <br /> undisclosed party; <br /> (4) That it has taken all necessary action under its governing documents to authorize the execution <br /> and performance of this Agreement under the terms and conditions stated herein; <br /> (5) That it has no public or private interest, direct or indirect, and shall not acquire, directly or <br /> indirectly any such interest which does or may conflict in any manner with the performance of the <br /> Grantee's services and obligations under this Agreement; <br /> (6) That no member of any governing body or any officer, agent or employee of the State, is <br /> employed by the Grantee or has a financial or economic interest directly in this Agreement,or any <br /> compensation to be paid hereunder except as may be permitted applicable statute, regulation or <br /> ordinance; <br /> (7) That there is no action,suit or proceeding at law or in equity pending,nor to the best of Grantee's <br /> knowledge, threatened, against or affecting the Grantee, before any court or before any <br /> governmental or administrative agency, which will have a material adverse effect on the <br /> performance required by this Agreement; <br /> (8) That to the best of the Grantee's knowledge and belief, the Grantee,its principals and key project <br /> personnel: <br /> (a) Are not presently declared ineligible or voluntarily excluded from contracting -Mth any <br /> Federal or State department or agency, <br /> (b) Have not .vithin a three-year period preceding this Agreement been convicted of any felony; <br /> been convicted of a criminal offense in connection with obtaining, attempting to obtain, or <br /> performing a public (Federal, State, or local) transaction or contract under a public <br /> transaction; had a civil judgment rendered against them for commission of fraud;been found <br /> in violation of Federal or State antitrust statutes; or been convicted of embezzlement, theft, <br /> larceny, forgery, bribery, falsification or destruction of records, making false statement, or <br /> receiving stolen property, and <br /> (c) Are not presently indicted for or otherwise criminally or civilly charged by a government <br /> entity (Federal, State or local) with commission of any of the offenses enumerated in sub- <br /> paragraph(b)of this certification. <br /> Any request for an exception to the provisions of this paragraph must be made in writing, listing <br /> the name of the individual,home address,type of conviction and date of conviction. <br /> Page 16 Grant Number 15-203002 <br />