Common use of IRAN DIVESTMENT ACT Clause in Contracts

IRAN DIVESTMENT ACT. As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS will develop a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew the Contract, it will be required to certify at the time the Contract is renewed or assigned that it or its assignee is not included on the prohibited entities list. During the term of the Contract, should OGS receive information that a person is in violation of the above-referenced certification, OGS will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then OGS shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

IRAN DIVESTMENT ACT. As By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a result of that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS will develop a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be “Prohibited Entities List”) posted on the OGS website. By entering into this Contract, at: xxxxx://xxx.xx.xxx/iran-divestment-act-2012 Contractor (or any assignee) further certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such this Contract any subcontractor that is identified on the prohibited entities listProhibited Entities List. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew the or extend this Contract, it will be required to certify must provide the same certification at the time the Contract is renewed or assigned extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it or its assignee is not included on the prohibited entities listProhibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should OGS the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certificationcertifications, OGS the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OGS the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS reserves the right to The state agency may reject any bid, request for assignment assignment, renewal or extension for an entity that appears on the prohibited entities list Prohibited Entities List prior to the award award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities Prohibited Entities list after contract award.

IRAN DIVESTMENT ACT. As By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a result of that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS will develop a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be “Prohibited Entities List”) posted on the OGS website. By entering into this Contract, at: xxxxx://xxx.xx.xxx/iran-divestment-act-2012 Contractor (or any assignee) further certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such this Contract any subcontractor that is identified on the prohibited entities listProhibited Entities List. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew the or extend this Contract, it will be required to certify must provide the same certification at the time the Contract is renewed or assigned extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it or its assignee is not included on the prohibited entities listProhibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should OGS the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certificationcertifications, OGS the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OGS the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS The state agency reserves the right to reject any bid, request for assignment assignment, renewal or extension for an entity that appears on the prohibited entities list Prohibited Entities List prior to the award award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities Prohibited Entities list after contract award.

IRAN DIVESTMENT ACT. As a result of Contractor certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS will develop a ” list (prohibited entities list“Prohibited Entities List”) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into this Contract, Contractor (or any assignee) website at: xxxx://xxx.xxx.xx.xxx/about/regs/docs/ListofEntities.pdf and further certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such this Contract any subcontractor that is identified on the prohibited entities listProhibited Entities List. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew the or extend this Contract, it will be required to certify must provide the same certification at the time the Contract is renewed or assigned extended. Contractor also agrees that any proposed Assignee of the Contract will be required to certify that it or its assignee is not included on the prohibited entities listProhibited Entities List before the State may approve a request for Assignment of Contract. During the term of the Contract, should OGS the State receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certificationcertifications, OGS the State will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OGS the State shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in material breach default. OGS The State reserves the right to reject any request for renewal, extension, or assignment for an entity that appears on the prohibited entities list Prohibited Entities List prior to the award renewal, extension, or assignment of a contractthe Contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears Contractor should it appear on the prohibited entities list after contract awardProhibited Entities List hereafter.

IRAN DIVESTMENT ACT. As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS the Office of General Services (OGS) will develop be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew the Contract, it will be required to certify at the time the Contract is renewed or assigned that it or its assignee is not included on the prohibited entities list. During the term of the Contract, should OGS receive information that a person is in violation of the above-above- referenced certification, OGS will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then OGS shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

IRAN DIVESTMENT ACT. As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS the Office of General Services (OGS) will develop be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into submitting a bid in response to this Contractsolicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Bidder/Contractor agrees is advised that after once the list is posted on the OGS website, should it seek any Contractor seeking to renew or extend a Contract or assume the Contractresponsibility of a Contract awarded in response to the solicitation, it will be required to must certify at the time the Contract is renewed renewed, extended or assigned that it or its assignee is not included on the prohibited entities list. During the term of the Contract, should OGS the New York State Department of Transportation (NYSDOT) receive information that a person is in violation of the above-referenced certification, OGS NYSDOT will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then OGS NYSDOT shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS XXXXXX reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.. For more information, go to NYSDOT's web site at: xxxx://xxx.xxx.xx.xxx Or contact: Xxxxx Xxxxxxxx NYSDOT Contract Management Bureau 00 Xxxx Xxxx, 0xx Xxxxx Albany, New York 12232-0203 E-mail: xxxxxxxxx@xxx.xxxxx.xx.xx (000) 000-0000

IRAN DIVESTMENT ACT. As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS the Office of General Services (OGS) will develop be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees that after the list is posted on the OGS website, should it seek to renew or extend the Contract, it will be required to certify at the time the Contract is renewed or assigned extended that it or its assignee is not included on the prohibited entities list. Contractor also agrees that any proposed Assignee of the Contract will be required to certify that it is not on the prohibited entities list before the New York State Department of Transportation (NYSDOT) may approve a request for Assignment of Contract During the term of the Contract, should OGS NYSDOT receive information that a person is in violation of the above-above- referenced certification, OGS NYSDOT will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then OGS NYSDOT shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS NYSDOT reserves the right to reject any request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.. XXXXXXXX X XXXXXXXX XXXXXXX XXX XXX XXXX XXXXX CONTRACTS December, 2011 TABLE OF CONTENTS Page 1. Executory Clause 3 2. Non-Assignment Clause 3 3. Comptroller’s Approval 3 4. Workers’ Compensation Benefits 3

IRAN DIVESTMENT ACT. As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of OGS the Office of General Services (OGS) will develop be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website. By entering into a renewal or extension of this Contract, Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Contractor agrees understands that after the list is posted on the OGS website, should it seek to renew the Contract, it will be required to certify at the time the Contract is renewed or assigned that it or its assignee is not included on the prohibited entities list. During during the term of the Contract, should OGS receive information that a person is in violation of the above-referenced certification, OGS will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then OGS shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. OGS reserves the right to reject any renewal, extension or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.