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Child Care Provider Registration Agreement Page 24 7.9 CANCELLATION FOR CONFLICT OF INTEREST Pursuant to A.R.S. § 38-511, the State may cancel this Agreement within three (3) years after Agreement execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the State is or becomes at any time while the Agreement or an extension of the Agreement is in effect an employee of or a consultant to any other party to this Agreement with respect to the subject matter of the Agreement. The cancellation shall be effective when you receive written notice of the cancellation unless the notice specifies a later time. If you are a political subdivision of the State, you may also cancel this Agreement as provided in A.R.S. § 38-511. 7.10 NON-AVAILABILITY OF FUNDS In accordance with A.R.S §35-154, every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, the Agreement may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 8.0 AUDIT Pursuant to A.R.S. § 35-214, at any time during the term of this Agreement and five (5) years thereafter, your books and records shall be subject to audit by the State and, where applicable, the federal government, to the extent that the books and records relate to the performance of the Agreement. In all audits, ADES may demand payment for audit exceptions from the owner(s) of record during the audit period and from the owner(s) of record since the audit period, unless clear showing responsibility for debts during the audit period is produced before disposition of the audit is determined. 9.0 ARBITRATION Disputes regarding this Agreement shall be resolved to the extent required by A.R.S. § 12-1518. 10.0 SURVIVAL OF RIGHTS AND OBLIGATIONS AFTER EXPIRATION OR TERMINATION OF THIS AGREEMENT All representations and warranties made by you under this Agreement shall survive the expiration or termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the State is not subject to or barred by any limitations of actions prescribed in Title 12, Chapter 5 of the Arizona Revised Statutes. 11.0 FEDERAL IMMIGRATION AND NAT

IONALITY ACT 1. By entering into THIS AGREEMENT, the Provider warrants compliance with the Federal Immigration and Nationality Act (FINA) and all other federal immigration laws and regulations related to the immigration status of its employees. The Provider shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Provider shall also maintain Employment Eligibility Verification forms (I-9) as required by the U.S. Department of Labor Immigration and Control Act, for all employees performing work under THIS AGREEMENT. I-9 forms are available for download at USCIS.GOV. 2. The State may request verification of compliance for any Provider or subcontractor performing work under THIS AGREEMENT. Should the State suspect or find that the Provider or any of its subcontractors are not in compliance, the State may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of THIS AGREEMENT for default, and suspension and/or debarment of the Provider. All costs necessary to verify compliance are the responsibility of the Provider. CCA-1210B (4-16) – Arizona Department of Economic Security