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33 <br />available to the Department upon its demand all documents, policies, procedures, <br />purchase orders, bills of sale, internal work orders and similar items that demonstrate the <br />Contractor's maintenance of the facility in good operating order and at a high level of <br />cleanliness, safety and mechanical soundness. <br />d. Records. The Contractor agrees to keep satisfactory records pertaining <br />to the use of Project property, and submit to the Department upon request such <br />information as may be required to assure compliance with this Section 14 of this <br />Agreement. <br />e. Incidental Use. The Contractor agrees that: <br />(1) General. Any incidental use of Project property will not exceed <br />that permitted under applicable Federal and State laws, regulations, and directives. <br />(2) Alternative Fueling Facilities. As authorized by 49 U.S.C. § <br />5323(p), any incidental use of its federally financed alternative fueling facilities and <br />equipment by non-transit public entities and private entities will be permitted, only if the: <br />(a) Incidental use does not interfere with the Contractor's <br />Project or public transportation operations; <br />(b) Contractor fully recaptures all costs related to the incidental <br />use from the non-transit public entity or private entity; <br />(c) Contractor uses revenues received from the incidental use <br />in excess of costs for planning, capital, and operating expenses that are incurred in <br />providing public transportation; and <br />(d) Private entities pay all applicable excise taxes on fuel. <br />f. Title to Vehicles. The Certificate of Title to all vehicles purchased under <br />the Approved Budget for this Project shall be in the name of the Contractor. The <br />Department's Public Transportation Division shall be recorded on the Certificate of Title as <br />first lien-holder. In the event of project termination or breach of contract provisions, the <br />Contractor shall, upon written notification by the Department, surrender Project equipment <br />and/or transfer the Certificate(s) of Title for Project equipment to the Department or the <br />Department's designee. <br />g. Encumbrance of Project Property. The Contractor agrees to maintain <br />satisfactory continuing control of Project property as follows: <br />(1) Written Transactions. The Contractor agrees that it will not <br />execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party <br />contract, sub-agreement, grant anticipation note, alienation, innovative finance <br />arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other <br />obligation pertaining to Project property, that in any way would affect the continuing <br />Federal and State interest in that Project property. <br />(2) Oral Transactions. The Contractor agrees that it will not obligate <br />itself in any manner to any third party with respect to Project property. <br />(3) Other Actions. The Contractor agrees that it will not take any <br />action adversely affecting the Federal and State interest in or impair the Contractor's <br />continuing control of the use of Project property. <br />h. Transfer of Project Property. The Contractor understands and agrees <br />as follows: <br />(1) Contractor Request. The Contractor may transfer any Project <br />property financed with Federal assistance authorized under 49 U.S.C. chapter 53 to a local <br />governmental authority to be used for any public purpose with no further obligation to the <br />Federal Government, provided the transfer is approved by the Federal Transit <br />Administrator and conforms with the requirements of 49 U.S.C. §§ 5334(h)(1) through <br />5334(h)(3). <br />Revised 1/6/10 <br />