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or ordinances, Subcontractor shall pay its pro-rata share to Contractor for such costs and
<br /> expenses, including attorneys' and expert witness fees, as calculated by Contractor. Such
<br /> amounts shall be paid by Subcontractor to Contractor, or, with regard to such amounts,
<br /> Contractor may set-off, charge back, or deduct from any progress payments, final
<br /> payment(s), or retainage owed Subcontractor. In the event any penalties, charges, or
<br /> amounts of any kind are threatened or assessed against Contractor based on potential or
<br /> actual claims asserted by any governmental entity, Subcontractor's employees, its
<br /> subcontractors, or their employees based on wage underpayment(s) or violation of any local,
<br /> state, or federal laws, then Contractor shall have the right to set-off, charge back, and/or
<br /> deduct from Subcontractor an equal amount from any progress payment(s), final payment(s),
<br /> and/or retainage owed Subcontractor.
<br /> 8. Subcontractor represents and warrants that it has complied with all applicable
<br /> local, state, and federal laws, including immigration and employee eligibility laws, statutes,
<br /> codes, orders, and regulations (collectively "Immigration Laws"), including, without limitation,
<br /> the Immigration Reform and Control Act of 1986, as amended (including, but not limited to,
<br /> the provisions of the Act prohibiting hiring and continued employment of unauthorized aliens,
<br /> requiring verification and record keeping with respect to identity and eligibility for employment,
<br /> and prohibiting discrimination on the basis of national origin, United States citizenship, or
<br /> citizenship status), and the Illegal Immigration Reform and Immigrant Responsibility Act of
<br /> 1996, as amended, and any successor statutes thereto. Subcontractor represents and
<br /> warrants that it has properly maintained all records required by the United States Immigration
<br /> and Customs Enforcement ("ICE") or any other local, state, or federal authority that may have
<br /> jurisdiction over the work ("Immigration Authorities"), including, without limitation, completion
<br /> and maintenance of the Form 1-9 for each of Subcontractor's employees, and that it has
<br /> responded in a timely fashion to any inspection requests related to such 1-9 Forms.
<br /> Subcontractor agrees to comply with all Immigration Laws during the term of the Project, to
<br /> properly maintain all records required by ICE or other Immigration Authorities, and to timely
<br /> respond to any inspection requests. Subcontractor further agrees to fully cooperate, and to
<br /> 411) cause its directors, officers, managers, agents, and employees to fully cooperate with any
<br /> KDF Enterprises, LLC RFP Disaster Debris Management and Disposal Services 18-04-02
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