Common use of SECURING AGREEMENT Clause in Contracts

SECURING AGREEMENT. 39.1 Construction Contractor warrants that Construction Contractor has not employed or retained any company or person, other than a bona fide employee working solely for Construction Contractor, to solicit or secure the Contract and that Construction Contractor has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Construction Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of the Contract. For the breach or violation of this provision, Owner shall have the right to terminate the Contract without liability and, at its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, gift of consideration. At the time the Contract is executed, Construction Contractor shall sign and deliver to Owner the Truth-in-Negotiation Certificate attached to the Agreement and made a part hereof as Exhibit L. Construction Contractor’s compensation shall be adjusted to exclude any significant sums by which Owner determines the compensation was increased due to inaccurate, incomplete, or non-current wage rates or other factual unit costs. All such adjustments must be made within one (1) year following the completion of the Work or the earlier termination of the Contract. 39.2 Consistent with Section 287.134, Construction Contractor or its affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to Owner; may not submit a bid, proposal, or reply on a contract with Owner for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to Owner; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Owner; and may not transact business with any Owner.

SECURING AGREEMENT. 39.1 40.1 Construction Contractor warrants that Construction Contractor has not employed or retained any company or person, other than a bona fide employee working solely for Construction Contractor, to solicit or secure the this Contract and that Construction Contractor has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Construction Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of the this Contract. For the breach or violation of this provision, Owner shall have the right to terminate the Contract Agreement without liability and, at its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, gift of consideration. At the time the this Contract is executed, Construction Contractor shall sign and deliver to Owner the Truth-in-Negotiation Certificate attached to the Agreement hereto and made a part hereof as Exhibit L. Construction Contractor’s compensation shall be adjusted to exclude any significant sums by which Owner determines the compensation was increased due to inaccurate, incomplete, or non-non- current wage rates or other factual unit costs. All such adjustments must be made within one (1) year following the completion of the Work or the earlier termination of the Contract. 39.2 40.2 Consistent with Section 287.134, Construction Contractor or its affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to Owner; may not submit a bid, proposal, or reply on a contract with Owner for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to Owner; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with Owner; and may not transact business with any Owner.