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EMPOWER <br /> RETIREMENT <br /> Notice To Empower: <br /> Empower Retirement, LLC <br /> Empower Retirement Division <br /> 8515 East Orchard Road <br /> Greenwood Village, CO 80111 <br /> With a copy to: <br /> Empower Retirement, LLC <br /> 8515 East Orchard Road <br /> Greenwood Village, CO 80111 <br /> Attn: General Counsel <br /> 12.12. Headings; Defined Terms; Counterparts. Section headings used in this Agreement are <br /> intended for reference purposes only and shall not affect the interpretation of this Agreement. Unless the <br /> context requires otherwise, capitalized terms defined in this Agreement have the meanings set forth herein <br /> for all purposes of this Agreement including any Schedules or Exhibits. This Agreement may be executed <br /> in counterparts, each of which shall be deemed an original, but all of which together shall constitute one <br /> and the same agreement. The parties' execution and delivery of this Agreement by facsimile, email, or <br /> electronic copies shall have the same force and effect as execution and delivery of an original. <br /> 12.13. Survival. The provisions of the following sections shall survive the termination of this <br /> Agreement: Fees & Charges; Confidential Information; Privacy & Data Security; Record Retention; <br /> Intellectual Property Rights; Indemnification; Limitation of Liability; Dispute Resolution; Governing Law; <br /> Waiver of Jury Trial; Unclaimed Property; Website Services; Survival; Severability; No Third-Party <br /> Beneficiaries;and any other section that would by its context be reasonably expected to survive termination. <br /> 1.1. illegal Aliens.Pursuant to Colo.Rev.Stat.§8-17.5-101 et.seq.,Plan Sponsor cannot enter <br /> into or renew a public contract for services with a contractor who knowingly employs or contracts with an <br /> illegal alien to perform work under the contract or who knowingly contracts with a subcontractor who <br /> knowingly employs or contracts with an illegal alien to perform work under the contract. <br /> In accordance with the mandatory provisions of Cob. Rev. Stat. §8-17.5-101 et.seq., <br /> Empower certifies that it has not knowingly employed or contracted with an illegal alien to perform work <br /> under this Agreement, and that Empower will participate in the E-Verify Program or the Department <br /> Program (as defined in Colo. Rev. Stat. §8-17.5-101(3.3) in order to confirm the employment eligibility of <br /> all employees who are newly hired to perform work under this Agreement. Empower further certifies that it <br /> will not enter into a contract with a subcontractor who fails to certify to Empower that the subcontractor shall <br /> not knowingly employ or contract with an illegal alien to perform work under this Agreement. <br /> Empower has confirmed the employment eligibility of all employees who are newly hired to <br /> perform work under this Agreement through participation in either the E-Verify Program or the Department <br /> Program. Empower shall not use the E-Verify Program or the Department Program to undertake pre- <br /> employment screening of job applicants while the Agreement is being performed. <br /> If Empower obtains actual knowledge that a subcontractor performing work under this <br /> Agreement knowingly employs or contracts with an illegal alien, Empower shall: <br /> SAGWTPACOGOV0521 <br /> 13 <br />