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(a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text <br />messaging while driving; and <br />(b) Education, awareness, and other outreach to employees about the safety risks associated with <br />texting while driving. <br />(3) Include this Special Provision in its subagreements with its subrecipients and third party contracts <br />and also encourage its subrecipients, lessees, and third party contractors to comply with the terms of <br />this Special Provision, and include this Special Condition in each subagreement, lease, and third party <br />contract at each tier financed with Federal assistance provided by the Federal Government. <br />Section 31. Protection of Sensitive Security Information. To the extent applicable, the <br />Contractor agrees to comply with 49 U.S.C. § 40119(b) and implementing U.S. DOT regulations, <br />"Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C. § 114(s) and <br />implementing U.S. Department of Homeland Security, Transportation Security Administration <br />regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 1520. <br />Section 32. Disputes. Breaches, Defaults, or Other Litigation. The Contractor agrees that <br />FTA and the Department have a vested interest in the settlement of any dispute, breach, default, or <br />litigation involving the Project. Accordingly: <br />a. Notification to the Department. The Contractor agrees to notify the Department in <br />writing of any current or prospective major dispute, breach, default, or litigation that may affect the <br />Federal/State Government's interests in the Project or the Federal/State Government's administration <br />or enforcement of Federal/State laws or regulations. If the Contractor seeks to name-the Federal/State <br />Govemment as a party to litigation for any reason, in any forum, the Contractor agrees to inform the <br />Department in writing before doing so. In turn, the Department shall be responsible for notifying FTA. <br />b. Federal/State Interest in Recovery. The Federal/State Government retains the right <br />to a proportionate share, based on the percentage of the Federal/State share awarded for the Project, <br />of proceeds derived from any third party recovery, except that the Contractor may return any liquidated <br />damages recovered to its Project Account in lieu of returning the Federal/State share to the <br />Department. <br />c. Enforcement. The Contractor agrees to pursue all legal rights provided within any <br />third party contract. <br />d. FTA and Department Concurrence. The FTA and the Department reserve the right <br />to concur in any compromise or settlement of any claim involving the Project and the Contractor. <br />e. Alternative Dispute Resolution. The Department encourages the Contractor to use <br />alternative dispute resolution procedures, as may be appropriate. <br />Section 33. Amendments/Revisions to the Proiect. The Contractor agrees that a change in <br />Project circumstances causing an inconsistency with the terms of this Agreement for the Project will <br />require an amendment or revision to this Agreement for the Project signed by the original signatories <br />or their authorized designees or successors. The Contractor agrees that a change in the fundamental <br />information submitted in its Application will also require an Amendment to its Application or this <br />Agreement for the Project. The Contractor agrees that the project will not incur any costs <br />associated with the amendment or revision before receiving- notification of approval from the <br />division. The Contractor agrees that any requests for amendments and or revisions will be <br />submitted in accordance with the policies and procedures established by FTA and the <br />Department. <br />Section 34. Information Obtained Through Internet Links. This Agreement may include <br />electronic links/Web site addresses to Federal/State laws, regulations, and directives as well as other <br />information. The Department does not guarantee the accuracy of information accessed through such <br />links. Accordingly, the Contractor agrees that information obtained through any electronic link within <br />this Agreement does not represent an official version of a Federal/State law, regulation, or directive, <br />and might be inaccurate. Thus, information obtained through such links is neither incorporated by <br />Updated 9/17/10 Page 31 of 34 <br />