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afford the ENGINEER an opportunity for an audit exit conference and an <br /> opportunity to comment on the pertinent portions of the draft audit report. <br /> The final audit report will include the written comments, if any, of the <br /> audited parties. <br /> e. Records under subsection c. above shall be maintained and made <br /> available during performance on IEPA loan work under this AGREEMENT <br /> and until 3 years from date of final TEPA loan audit for the project. In <br /> addition, those records which relate to any "dispute" appeal under an <br /> IEPA loan agreement, or litigation, or the settlement of claims arising out <br /> of such performance, costs or items to which an audit exception has been <br /> taken, shall be maintained and made available until 3 years after the date <br /> of resolution of such appeal, litigation, claim or exception. <br /> f. The ENGINEER warrants that no person or selling agency has been <br /> employed or retained to solicit or secure this contract upon an agreement <br /> or understanding for a commission, percentage, brokerage, or contingent <br /> fee, excepting bona fide employees. For breach or violation of this <br /> warranty, the OWNER shall have the right to annul this AGREEMENT <br /> without liability or in its discretion to deduct from the contract price or <br /> consideration or otherwise recover the full amount of such commission, <br /> percentage, brokerage or contingent fee. <br /> g. The ENGINEER certifies that the services of anyone that has been <br /> debarred or suspended under federal Executive Order 12549 has not or <br /> will not be used for planning, design and construction. <br /> h. The ENGINEER shall not discriminate on the basis of race, color, national <br /> origin or sex in the performance of this contract. The engineer shall carry <br /> out applicable requirements of 40 CFR Part 33 in the award and <br /> administration of contracts awarded under EPA financial assistance <br /> agreements. Failure by the engineer to carry out these requirements is a <br /> material breach of this contract which may result in the termination of this <br /> contract or other legally available remedies. <br /> Last Revised: 10/17/2012 <br />