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amendment,or modification of any Federal Agreement,grant,loan or cooperative agreement. <br /> If any funds, other than Federal appropriated funds, have been paid, or will be paid,to any <br /> person for influencing or attempting to influence any of the above persons in connection with <br /> this Agreement,the undersigned must also complete and submit Federa.l form LLL,"Disclosure <br /> Form to Report Lobbying", in accordance with its instructions. <br /> If there are any indirect costs associated with this Agreement,total lobbying costs shall be <br /> separately identified in the indirect cost rate proposal, and thereafter treated as other �I <br /> unallowable activity costs. � <br /> The Provider must include the language of this certificarion in the award documents for any ', <br /> subawards made pursuant to this awazd. All subrecipients aze also subj ect to certification and <br /> disclosure. <br /> This certification is a material representation of fact upon which reliance was placed to enter <br /> into this transaction and is a prerequisite for this transaction,pursuant to 31 U.S.C. 1352. Any <br /> personwho fails to file the required certifications shall be subject to a civil penalty of not less <br /> than$10,000,and not more than$100,000, for each such failure. <br /> 8. CONFIDENTIALITY <br /> Provider shall comply with applicable State and Federal statutes, Federal regulations and <br /> Department administrative rules regarding confidential records or other information obtained <br /> bythe Provider concerning persons served under this Agreement. The records and information <br /> shall be protected by the Provider from unauthorized disclosure. <br /> 9. LIABILITY <br /> The Depamnent assumes no liability for actions of the Provider under this Agreement, , <br /> including,but not limited to,the negligent acts and omissions of Provider's agents,employees <br /> and subcontractors in their performance of the Provider's duties as described under this <br /> Agreement. The Provider agrees to hold harmless the Department against any and all liability, <br /> loss, damage, cost or expenses, including attomey's fees, arising from the intentional torts, <br /> negligence or breach of contract of the Provider, with the exception of acts performed in <br /> conformance with an explicit,written directive of the Departmen� <br /> 10. MAINTENANCE AND ACCESSIBILITY OF RECORDS <br /> A. The Provider shall maintain, for a minimum of 5 years from the later of the date of <br /> final payment under this Agreement or the expira.tion of this Agreement, adequate <br /> books,records,and supporting documents to comply with 89 Ill Adm Code 509. <br /> B. The Provider agrees to make books,records and supporting documentation relevant <br /> to this Agreement available to authorized Department representatives, auditors, <br /> (including The Illinois Auditor General)Federal authorities and any otherperson as <br /> maybe authorized,by the Department or by the State of Illinois or Federal statute. The <br /> Provider will cooperate fully in any such audit. <br /> -5- <br />