Common use of PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS Clause in Contracts

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANT, attorney, engineer, inspector or Professional of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER Owner are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER Owner authorized on behalf of the OWNER Owner to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER Owner under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY XXXXX has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT Professional and its agents should refrain from offering or giving anything of value to an employee of the OWNEROwner. Employees of the OWNER Owner may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER Owner based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER Owner as contractually required and specified, 2) submit complete and accurate reports to the OWNER Owner and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER Owner are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER Owner authorized on behalf of the OWNER Owner to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER Owner under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT Professional and its agents should refrain from offering or giving anything of value to an employee of the OWNEROwner. Employees of the OWNER Owner may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER Owner based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER Owner as contractually required and specified, , 2) submit complete and accurate reports to the OWNER Owner and its agents as required, 3) not seek, solicit, demand or accept any information, verbal or written, from the Owner or its agents that provides an unfair advantage over a competitor, 4) not engage in any activity or course of conduct that restricts open and fair competition on Owner-related projects and transactions, 5) not engage in any course of conduct with Owner employees or its agents that constitutes a conflict of interest, in fact or in appearance, and 6) not offer or give any unlawful gifts or gratuities, or engage in bribery or other criminal activity. D. The Owner encourages the CONSULTANT to advance and support ethical business conduct and practices among its directors, officers and employees, preferably through the adoption of corporate ethics awareness training programs and written codes of conduct. E. Although the CONSULTANT may employ relatives of Owner employees, the Owner must be made aware of such circumstances as soon as possible, preferably in writing, to ensure a conflict of interest situation does not arise. The Owner reserves the right to request that the CONSULTANT modify the work assignment of a relative of an Owner employee where a conflict of interest, or the appearance thereof, is deemed to exist. F. The CONSULTANT may hire former employees of the Owner. However, as a general rule, former employees of the Owner may neither appear nor practice before the Owner, nor receive compensation for services rendered on a matter before the Owner, for a period of two years following their separation from service with the Owner. In addition, former employees of the Owner are subject to a “lifetime bar” from appearing before the Owner or receiving compensation for services regarding any transaction in which they personally participated or which was under their active consideration during their tenure with the Owner. G. The CONSULTANT agrees to notify the Owner’s Office of Internal Affairs at 000-000-0000 of any activity by an employee of the Owner that is inconsistent with the contents of this Section. H. Any violation of these provisions shall justify termination of this Contract and may result in Owner’s rejection of the CONSULTANT’s bids or proposals for future contracts.

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. ‌ A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional consultant of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. ‌ A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY XXXXX has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. ‌ A. Officers and employees of the OWNER Owner are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER Owner authorized on behalf of the OWNER Owner to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER Owner under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT Professional and its agents should refrain from offering or giving anything of value to an employee of the OWNEROwner. Employees of the OWNER Owner may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER Owner based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER Owner as contractually required and specified, 2) submit complete and accurate reports to the OWNER Owner and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional consultant of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition A gift is anything more than nominal in value, in any form, given to the prohibition of Section 73 (5) of the Public Officers Lawa DASNY employee. Gifts include, DASNY has a “zero tolerance” policy with respect to the solicitationbut are not limited to, acceptance money, service, loan, travel, lodging, meals, refreshments, entertainment, discount, forbearance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agentspromise. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the WorkProject, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the WorkProject. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY the OWNER has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANT, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY XXXXX has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To X. Xx promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER XXXXX are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTconsultant, attorney, engineer, inspector inspector, or Professional consultant of or for the OWNER DASNY authorized on behalf of the OWNER DASNY to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER DASNY under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance acceptance, or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNERDASNY. Employees of the OWNER DASNY may not solicit any gift, gratuity, stipend stipend, or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER DASNY based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials materials, and services to the OWNER DASNY as contractually required and specified, 2) submit complete and accurate reports to the OWNER DASNY and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional professional of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. . Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. . To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) : furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,, not seek, solicit, demand or accept any information, verbal or written, from the OWNER or its agents that provides an unfair advantage over a competitor, not engage in any activity or course of conduct that restricts open and fair competition on OWNER-related projects and transactions, not engage in any course of conduct with OWNER employees or its agents that constitutes a conflict of interest, in fact or in appearance, and not offer or give any unlawful gifts or gratuities, or engage in bribery or other criminal activity. D. The OWNER encourages the CONSULTANT to advance and support ethical business conduct and practices among its directors, officers and employees, preferably through the adoption of corporate ethics awareness training programs and written codes of conduct. E. Although the CONSULTANT may employ relatives of OWNER employees, the OWNER must be made aware of such circumstances as soon as possible, preferably in writing, to ensure a conflict of interest situation does not arise. The OWNER reserves the right to request that the CONSULTANT modify the work assignment of a relative of an OWNER employee where a conflict of interest, or the appearance thereof, is deemed to exist. F. The CONSULTANT may hire former employees of the OWNER. However, as a general rule, former employees of the OWNER may neither appear nor practice before the OWNER, nor receive compensation for services rendered on a matter before the OWNER, for a period of two years following their separation from service with the OWNER. In addition, former employees of the OWNER are subject to a “lifetime bar” from appearing before the OWNER or receiving compensation for services regarding any transaction in which they personally participated or which was under their active consideration during their tenure with the OWNER. The CONSULTANT agrees to notify the OWNER’s Office of Internal Affairs at 000-000-0000 of any activity by an employee of the OWNER that is inconsistent with the contents of this Section. Any violation of these provisions shall justify termination of this Contract and may result in OWNER’s rejection of the CONSULTANT’s bids or proposals for future contracts. CONSULTANT shall at all times during the Contract term remain responsible. Consultant agrees, if requested by the President of DASNY or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. The President of DASNY or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, when he or she discovers information that calls into question the responsibility of CONSULTANT. In the event of such suspension, CONSULTANT will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, CONSULTANT must comply with the terms of the suspension order. Contract activity may resume at such time as the President of DASNY or his or her designee issues a written notice authorizing a resumption of performance under the Contract. Notwithstanding any other provision of this Contract, upon written notice to CONSULTANT, and a reasonable opportunity to be heard with the appropriate OWNER officials or staff, the Contract may be terminated by the President of DASNY or his or her designee at CONSULTANT’S expense where CONSULTANT is determined by the President of DASNY or his or her designee to be non-responsible. In such event, the President of DASNY or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. By entering into this Contract, CONSULTANT certifies, under the penalties of perjury, that Consultant is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law. CONSULTANT further certifies that CONSULTANT will not utilize on this Contract any Subcontractor that is identified on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law. During this Contract, should OWNER receive information that a person (as defined in New York State Finance Law §165-a) is in violation of the above-referenced certifications, OWNER 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 OWNER shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the CONSULTANT in default.

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER DASNY are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTconsultant, attorney, engineer, inspector or Professional consultant of or for the OWNER DASNY authorized on behalf of the OWNER DASNY to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER DASNY under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY XXXXX has a “zero tolerance” policy with respect to the solicitation, acceptance acceptance, or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNERDASNY. Employees of the OWNER DASNY may not solicit any gift, gratuity, stipend stipend, or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To X. Xx promote a working relationship with the OWNER DASNY based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER DASNY as contractually required and specified, 2) submit complete and accurate reports to the OWNER DASNY and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTConsultant, attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER authorized on behalf of the OWNER to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANT, or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY XXXXX has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT and its agents should refrain from offering or giving anything of value to an employee of the OWNER. Employees of the OWNER may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER as contractually required and specified, 2) submit complete and accurate reports to the OWNER and its agents as required,

PROHIBITED INTERESTS/ETHICAL CONDUCT - CONSULTANTS. A. Officers and employees of the OWNER Owner are bound by Sections 73, 73-a and 74 of the New York State Public Officers Law. In addition, no officer, employee, CONSULTANTCONSULTANT , attorney, engineer, inspector or Professional CONSULTANT of or for the OWNER Owner authorized on behalf of the OWNER Owner to exercise any legislative, executive, administrative, supervisory or other similar functions in connection with the Contract or the Work, shall become personally interested, directly or indirectly, in the Contract, material supply contract, subcontract, insurance contract, or any other contract pertaining to the Work. B. Section 73(5) of the Public Officers Law expressly prohibits the CONSULTANTCONSULTANT , or its agents, from directly or indirectly offering or giving any gift having more than nominal value to an employee of the OWNER Owner under circumstances in which it could be reasonably inferred the gift was intended to influence the employee in the performance of their official duties, could reasonably be expected to influence the employee in the performance of their official duties, or was intended as a reward for the employee’s official action. In addition to the prohibition of Section 73 (5) of the Public Officers Law, DASNY XXXXX has a “zero tolerance” policy with respect to the solicitation, acceptance or receipt of gifts from disqualified sources. Therefore, the CONSULTANT Professional and its agents should refrain from offering or giving anything of value to an employee of the OWNEROwner. Employees of the OWNER Owner may not solicit any gift, gratuity, stipend or thing of value from the CONSULTANT or its agents. Violations of these gift provisions may be grounds for immediate Contract termination and/or referral for civil action or criminal prosecution. C. To promote a working relationship with the OWNER Owner based on ethical business practices, the CONSULTANT is expected to: 1) furnish all goods, materials and services to the OWNER Owner as contractually required and specified, , 2) submit complete and accurate reports to the OWNER Owner and its agents as required, 3) not seek, solicit, demand or accept any information, verbal or written, from the Owner or its agents that provides an unfair advantage over a competitor, 4) not engage in any activity or course of conduct that restricts open and fair competition on Owner-related projects and transactions, 5) not engage in any course of conduct with Owner employees or its agents that constitutes a conflict of interest, in fact or in appearance, and 6) not offer or give any unlawful gifts or gratuities, or engage in bribery or other criminal activity. D. The Owner encourages the CONSULTANT to advance and support ethical business conduct and practices among its directors, officers and employees, preferably through the adoption of corporate ethics awareness training programs and written codes of conduct. X. Although the CONSULTANT may employ relatives of Owner employees, the Owner must be made aware of such circumstances as soon as possible, preferably in writing, to ensure a conflict of interest situation does not arise. The Owner reserves the right to request that the CONSULTANT modify the work assignment of a relative of an Owner employee where a conflict of interest, or the appearance thereof, is deemed to exist. F. The CONSULTANT may hire former employees of the Owner. However, as a general rule, former employees of the Owner may neither appear nor practice before the Owner, nor receive compensation for services rendered on a matter before the Owner, for a period of two years following their separation from service with the Owner. In addition, former employees of the Owner are subject to a “lifetime bar” from appearing before the Owner or receiving compensation for services regarding any transaction in which they personally participated or which was under their active consideration during their tenure with the Owner.