The Contractor shall indemnify and hold harmless KSU, its affiliates, and its subsidiaries and their officers, agents, and employees from any losses, claims, suits, actions, expenses, damages, costs (including court costs and the reasonable fees of KSU's attorneys) and liability of any nature or kind arising out of or relating to the Contractor's response to this procurement or its performance or failure to perform under this Contract. This clause shall survive termination for as long as necessary to protect KSU.

This subsection does not apply to governmental or quasi-governmental entities.

The Parties are cognizant that, pursuant to 42 U.S.C., section 418, the state is not liable for social security contributions relative to the compensation of the Contractor for this Contract.

☐ The Parties are cognizant that, pursuant to 42 U.S.C., section 418, the state is liable for social security contributions relative to the compensation of the Contractor for this Contract.

KRS 45A.485 requires the Contractor and all subcontractors performing work under the Contract to reveal to the Commonwealth of Kentucky any final determination of a violation by the Contractor within the previous five-year (5-year) period of the provisions of KRS chapters 136, 139, 141, 337, 338, 341, and 342. These statutes relate to corporate and utility tax, sales and use tax, income tax, wage and hour laws, occupational safety and health laws, unemployment insurance laws, and workers' compensation insurance laws, respectively. Disclosure of any violation is required prior to the award of any state contract and throughout the duration of this Contract.

Failure to disclose violations shall be grounds for the Commonwealth's disqualification of the Contractor or any subcontractor from eligibility for future state contracts for a period of two (2) years.

To comply with the provisions of KRS 45A.485, the Contractor and all subcontractors performing work under this Contract shall report any such final determination(s) of violation(s) to the Commonwealth by providing the following information regarding the final determination(s): (1) the KRS violated, (2) the date of the final determination, and (3) the state agency which issued the final determination.

A list of any disclosures made prior to the award of this Contract shall be attached to this Contract. The Contractor hereby affirms that he or she has not violated any of the provisions of the above statutes within the previous five-year (5-year) period, aside from violations explicitly disclosed and attached to this Contract. The Contractor further affirms that it will (1) communicate the above KRS 45A.485 disclosure requirements to any subcontractors and (2) disclose any subcontractor violations it becomes aware of to the Commonwealth.

The Contractor represents that, pursuant to KRS 45A.607, it is not currently engaged in, and will not for the duration of this Contract engage in, the boycott of a person or entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. The term “boycott” does not include actions taken for bona fide business or economic reasons, or any actions specifically required by federal or state law.