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DIR Contract No. DIR -SDD -890 <br />22. Appendix A, Section 9.C., Vendor Certifications is hereby restated in its entirety as <br />follows: <br />C. Vendor Certifications <br />Vendor certifies that it: (i) has not given, offered to give, and do not intend to give at <br />any time hereafter any economic opportunity, future employment, gift, loan, gratuity, <br />special discount, trip, favor, or service to a public servant in connection with the <br />Contract, (ii) is not currently delinquent in the payment of any franchise tax owed the <br />State of Texas and is not ineligible to receive payment under §231.006 of the Texas <br />Family Code and acknowledge the Contract may be terminated and payment withheld <br />if this certification is inaccurate, (iii) neither they, nor to the best of Vendor's <br />knowledge, anyone acting for them, has violated the antitrust laws of the United <br />States or the State of Texas, nor communicated directly or indirectly to any <br />competitor or any other person engaged in such line of business for the purpose of <br />obtaining an unfair price advantage, (iv) has not received payment from DIR or any <br />of its employees for participating in the preparation of the Contract, (v) under Section <br />2155.004, Texas Government Code, the vendor certifies that the individual or <br />business entity named in this bid or contract is not ineligible to receive the specified <br />contract and acknowledges that this contract may be terminated and payment <br />withheld if this certification is inaccurate, (vi) to the best of its knowledge and belief, <br />there are no suits or proceedings pending or threatened against or affecting it, which <br />if determined adversely to it will have a material adverse effect on the ability to fulfill <br />its obligations under the Contract, (vii) is not suspended or debarred from doing <br />business with the federal government as listed in the Excluded Parties List System <br />(EPLS) maintained by the General Services Administration, and (viii) as of the <br />effective date of the Contract, is not listed in the prohibited vendors list authorized by <br />Executive Order 413224, "Blocking Property and Prohibiting Transactions with <br />Persons Who Commit, Threaten to Commit, or Support Terrorism ", published by the <br />United States Department of the Treasury, Office of Foreign Assets Control. In <br />addition, Vendor acknowledges the applicability of §2155.444 and §2155.4441, <br />Texas Government Code, in fulfilling the terms of the Contract. <br />23. Appendix A, Section 9.I, Security of Premises, Equipment, Data and Personnel is <br />hereby restated in its entirety as follows: <br />I. Security of Premises, Equipment, Data and Personnel <br />Vendor may, from time to time during the performance of the Contract, have access <br />to the personnel, premises, equipment, and other property, including data, files and <br />/or materials (collectively referred to as "Data ") belonging to the Customer. Vendor <br />shall use their best efforts to preserve the safety, security, and the integrity of the <br />personnel, premises, equipment, Data and other property of the Customer, in <br />accordance with the instruction of the Customer. Vendor shall be responsible for <br />damage to Customer's equipment, workplace, and its contents when such damage is <br />caused by its employees or subcontractors. Customer shall be solely responsible for <br />backing up data on a routine basis as mutually agreed to by Vendor and Customer. <br />Page 13 of 15 <br />