Legal Debarment Waiver

LEGAL DEBARMENT WAIVER

This Legal Debarment Waiver (the "Waiver") is made as of by and between Applicant Name: with principal address: ("Applicant"), and Waiving Party Name: with principal address: ("Waiving Party").

RECITALS

WHEREAS, the Applicant has been identified in a debarment or suspension action administered by pursuant to matter/case number on or about .

WHEREAS, the Applicant seeks a waiver from the Waiving Party to permit participation in contracts, procurement, licensing, grants, or other transactions that would otherwise be barred by the debarment or suspension; and

WHEREAS, the Waiving Party has authority under its governing policies and applicable law to grant a limited waiver subject to conditions intended to protect the Waiving Party's interests and ensure compliance.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Waiver, the following terms shall have the meanings set forth below: "Debarment" means an exclusion or suspension of the Applicant from participation in specified transactions by the named authority identified in debarment_authority. "Covered Transactions" means those contracts, grants, procurements, or licenses described in the waiver grant below.

2. WAIVER GRANT

Subject to the terms and conditions of this Waiver, the Waiving Party hereby grants to the Applicant a limited waiver of the restrictions arising from the Debarment solely to permit the Applicant to participate in the following Covered Transactions:

The waiver granted is effective from through unless earlier revoked in accordance with this Waiver.

3. CONDITIONS OF WAIVER

The foregoing waiver is expressly conditioned upon, and the Applicant shall comply with, the following:

1. Applicant shall not subcontract or delegate any Covered Transaction work to any entity or individual who is debarred, suspended, or otherwise excluded, unless separately authorized in writing by the Waiving Party.
2. Applicant shall promptly disclose to the Waiving Party any change in the status of the Debarment, including appeals, reinstatements, administrative stays, or additional enforcement actions.
3. Applicant shall comply with all monitoring, reporting, audit, and oversight measures imposed by the Waiving Party pursuant to this Waiver.
4. Applicant shall implement the mitigation plan described below and provide periodic progress reports as required in Section 6.

4. REPRESENTATIONS AND WARRANTIES

The Applicant represents and warrants that: (a) the information supplied to the Waiving Party in connection with the request for this Waiver is true, complete and accurate in all material respects; (b) the Applicant has disclosed all facts relating to the Debarment that could reasonably be expected to affect the Waiving Party's decision to grant this Waiver; and (c) the Applicant has authority to enter into this Waiver and perform its obligations hereunder.

5. COMPLIANCE, MONITORING AND AUDIT

The Waiving Party shall have the right to monitor compliance with this Waiver, including conducting audits or requiring third-party audits, and to require remedial action if the Applicant fails to comply with any material term of this Waiver. Applicant shall cooperate fully with any inspection, audit, or inquiry.

6. REPORTING AND NOTIFICATION

Applicant shall notify the Waiving Party in writing no later than five (5) business days after the occurrence of any event that materially alters the facts disclosed in the waiver request, including any new debarment, suspension, conviction, or administrative finding. Notices shall be provided to the contacts set forth in Section 14.

7. INDEMNIFICATION

The Applicant shall indemnify, defend and hold harmless the Waiving Party and its officers, directors, employees and agents from and against all claims, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to Applicant's breach of this Waiver, Applicant's failure to comply with any law or regulation, or any act or omission by the Applicant that gives rise to third-party claims in connection with a Covered Transaction.

8. REMEDIES; REVOCATION

The Waiving Party may, at its sole discretion, suspend or revoke this Waiver in whole or in part upon written notice to the Applicant if the Applicant breaches any material term of this Waiver, misrepresents material facts, or becomes subject to additional debarment or enforcement actions. Revocation shall be effective as specified in the notice and shall not limit any other remedies available to the Waiving Party at law or in equity.

9. TERM AND TERMINATION

This Waiver shall commence on the Effective Date and continue until the Waiver End Date specified in Section 2, unless earlier terminated or revoked pursuant to Section 8. Sections 4, 5, 7, 8, 10, 11 and 12 shall survive termination or expiration of this Waiver.

10. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of the state of without regard to choice-of-law principles that would apply the law of another jurisdiction.

11. ENTIRE AGREEMENT; SEVERABILITY

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Waiver is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

12. AMENDMENT; WAIVER; COUNTERPARTS

No amendment to this Waiver shall be effective unless executed in writing by both parties. No failure or delay by either party in exercising any right hereunder shall operate as a waiver of such right. This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

13. NOTICES

All notices, requests, consents and other communications required or permitted hereunder shall be in writing and delivered to the addresses below by hand, nationally recognized overnight courier, or certified mail (return receipt requested). Notices shall be effective upon receipt.

14. ADDITIONAL CERTIFICATIONS

The Applicant certifies that the information provided to obtain this Waiver is complete and that no material facts have been omitted. The Applicant acknowledges that making a false statement or omission in connection with this Waiver may subject the Applicant to administrative, civil and/or criminal penalties under applicable law.

Currently debarred   Previously debarred (now reinstated)   Pending debarment action

MISCELLANEOUS

The parties acknowledge that, except as expressly set forth in this Waiver, neither party has made any representation, warranty, or promise not contained herein. The remedies provided in this Waiver are cumulative and not exclusive of any remedies provided by law.

Sign Now