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OHIO ENVIRONMENTAL PROTECTION AGENCY <br />H2OHIO RIVERS INITIATIVE: CHLORIDE REDUCTION GRANTS <br />STATE GRANT AWARD AGREEMENT <br />Page 14 of 19 <br />d. If Grantee or any of its subcontractors perform services under this Agreement <br />outside the United States, or purchase services from or investments in <br />Russian institutions and companies, the performance of such services, <br />purchase or investments shall be treated as a material breach of this <br />Agreement. The State is not obligated to pay and shall not pay for such <br />services, purchases, or investments. If Grantee or any of its subcontractors <br />perform any such services, purchases, or investments, Grantee shall <br />immediately return to the State all funds paid for those services, purchases, <br />or investments. The State may also recover from Grantee all costs <br />associated with any corrective action the State may undertake, including but <br />not limited to an audit or a risk analysis, as a result of Grantee performing <br />services outside the United States or purchases of services from or <br />investments in Russian institutions and companies. <br />e. The State, in its sole discretion, may provide written notice to Grantee of a <br />breach and permit Grantee to cure the breach. Such cure period shall be no <br />longer than twenty-one (21) calendar days. During the cure period, the State <br />may buy substitute services from a third party and recover from Grantee any <br />costs associated with acquiring those substitute services. <br />f. Notwithstanding the State permitting a period of time to cure the breach or <br />Grantee's cure of the breach, the State does not waive any of its rights and <br />remedies provided the State in this Agreement, including but not limited to <br />recovery of funds paid for services Grantee performed outside the United <br />States. <br />ARTICLE X <br />Prohibitions / Compliance <br />40. (Contracts to Perform Substantially Identical Work) Grantee certifies, <br />represents, and warrants that it has not entered into, nor shall it enter into, other <br />contracts or agreements without prior written approval of Ohio EPA to perform <br />substantially identical work for the State of Ohio such that the product <br />contemplated hereunder duplicates the work called for by the other contracts or <br />agreements. <br />41. (Nondiscrimination / Written Affirmative Action Plan) <br />a. Pursuant to R.C. 125.111 and 4112.02, Grantee, its employees, and any <br />person acting on behalf of Grantee shall not discriminate, by reason of race, <br />color, religion, military status, sex, age, ancestry, national origin, or disability <br />against any citizen of this State in the employment of any person qualified <br />and available to perform the work under this Agreement, nor shall in any <br />manner discriminate against, intimidate, or retaliate against any employee <br />hired for the performance of work under this Agreement on account of race, <br />color, religion, military status, sex, age, ancestry, national origin, or disability. <br />