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shall take place in the same geographic area. When funding permits and for special <br />circumstances, the Contractor may enroll participants from other LA's, however, the <br />Contractor must first request such enrollments from the LA. <br />12. COMPLIANCE WITH THE LAW; WAIVER OF LAWS: <br />The Contractor shall comply with the terms of this Contract. The LA may endeavor to <br />assist the Contractor to apply federal or state statutory or regulatory requirements, but the <br />Contractor shall not be entitled to rely on such assistance as constituting a waiver of any <br />state statutory, regulatory or contractual requirement without a specific, signed waiver <br />from the Director of the LA. No waiver of federal statutory or regulatory requirements <br />shall be effective without a waiver signed by an authorized official at the United States <br />Department of Labor or a court of last resort as effective; except that the Director of the <br />Division of Employment and Training may waive any federal statutory or regulatory <br />requirements that may, by its terms, be waived by the Governor. <br />13. SUBCONTRACTING: <br />The Contractor must secure the written approval of the Director of the LA prior to <br />procuring services through subcontracting. All subcontract documents must reference <br />this Contract, and all subcontractors must acknowledge that the LA, the State and the <br />USDOL have all rights and powers as to the subcontractor that they have under this Contract <br />and under law as to the Contractor. <br />It is expressly understood that the delegation of any responsibility to a subcontractor shall <br />not diminish the liability of the Contractor to assure compliance and that the Contractor is <br />liable to the LA for any costs of its subcontractors deemed unallowable. It is also expressly <br />understood that the LA is not responsible for the obligations of the Contractor to its <br />subcontractors. <br />The Contractor will ensure that its subcontractors, if any, do not subcontract for any <br />performance or partial performance of any activity of service provided or to be provided <br />through this Agreement. <br />14. RECORD KEEPING, REPORTING AND ACCOUNTING: <br />In consideration for full and satisfactory performances, the LA shall fulfill its obligations to <br />pay the Contractor the actual cost incurred not exceeding the full amount of the Contract <br />Agreement, for performances rendered hereunder subject to the following limitations: <br />A. The LA shall not be liable to the Contractor for expenditures made in violations of <br />the Regulations promulgated under the WIOA, or in violation of any other <br />regulations promulgated under the WIOA, or otherwise applicable. <br />B. The LA shall not be liable to the Contractor for costs incurred or performances <br />rendered unless such costs and performances are in strict accordance with the terms <br />of this Agreement. <br />C. The LA funding obligations under this Agreement are contingent upon actual receipt <br />of funds from the State or the USDOL. <br />Regional Partnership Workforce Development Board <br />(Rev. 6/7/17) Page 4 <br />