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The Contractor shall repay the LA from nonfederal funds any amounts expended under this <br /> Contract by it or by its subcontracts; by Contractors that are determined to be unallowable <br /> by the LA, the State or the USDOL. This liability exists without regard to the fault of the <br /> Contractor in incurring disallowed costs. The Contractor shall be responsible for <br /> establishing that expenditures were made for allowable costs. <br /> Endorsements on negotiable instruments repaying a portion of questioned costs will not <br /> constitute release from repayment of additional disallowed costs. <br /> If permitted by the USDOL or the State, the LA may also, in its discretion, effect recovery <br /> of disallowed costs or wrongful retained funds by withholding payments and/or <br /> reimbursement due, under this Contract or under any contract between the Contractor and <br /> the LA, by requiring the Contractor to conduct allowable activities under the Act without <br /> federal funding, by a combination of the sanctions listed above or by such other methods of <br /> recoupment that may serve the purposes of the Act. <br /> 28. WAIVER OF CLAIMS/AGREEMENTS: <br /> The Contractor waives any and all claims arising out of this Contract against the State and <br /> the LA and/or the RPWDB. The Contractor acknowledges that the State,the LA and/or the <br /> RPWDB has no, and accepts no, liability with respect to any activity conducted under this <br /> Contract for bodily injury, illness or other damages or losses to employees, participants, <br /> third parties or property. The Contractor agrees to protect, defend, indemnify and hold the <br /> foregoing parties harmless, from any claims for liability arising out of the performance of <br /> this Agreement; and the Contractor waives all claims against the State and/or the LA and <br /> agrees to hold the State and/or LA harmless on any claims against the State and/or LA based <br /> on ownership by the State or LA of property that is in the control of the Contractor or its <br /> subcontractor(s). <br /> This Agreement shall not affect the enforceability of any other written agreement between <br /> the parties. <br /> 29. ASSURANCE AND CERTIFICATIONS: <br /> A. General Assurances: <br /> The Contractor assures that it will fully comply with the requirements of the WIOA, <br /> Public Law 113-128 and all Federal Regulations issued pursuant to the Act, with the <br /> Governor's Coordination and the WIOA Plan approved by the RPWDB, the Chief <br /> Elected Official and Division of Workforce Solutions(DWS). <br /> The Contractor,in administering or in operating programs funded under the Act, assures <br /> that it will administer its programs under the WIOA in full compliance with safeguards <br /> against fraud and abuse as set forth in WIOA and the WIOA regulations and known <br /> incidents or suspected incidents of fraud, program abuse or criminal conduct shall be <br /> reported to the LA and DWS; that no portion of its WIOA Program will in any way <br /> discriminate against, deny benefits to, deny employment to, or exclude from <br /> participation any person on the grounds of race, color,national origin,religion,age, sex, <br /> Regional Partnership Workforce Development Board <br /> (Rev.6/7/17) Page 13 <br />