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reference nor made part of this Agreement. The Federal Register and the Code of Federal Regulations <br />are the official sources for regulatory information pertaining to the Federal Government. <br />Section 35. Severability. If any provision of the FTA Master Agreement or this Agreement for the <br />Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder <br />would continue to conform to the requirements of applicable Federal/State laws or regulations. <br />Section 36. Termination of Agreement. <br />a. The Department of Transportation. In the event of the Contractor's noncompliance <br />with any of the provisions of this Agreement, the Department may suspend or terminate the Agreement <br />by giving the Contractor thirty (30) days advance notice. Any failure to make reasonable progress on <br />the Project or violation of this Agreement for the Project that endangers substantial performance of the <br />Project shall provide sufficient grounds for the Department to terminate the Agreement for the Project. <br />In general, termination of Federal and State assistance for the Project will not invalidate obligations <br />properly incurred by the Contractor before the termination date to the extent those obligations cannot <br />be canceled. If, however, the Department determines that the Contractor has willfully misused <br />Federal/State assistance by failing to make adequate progress, failing to make reasonable and <br />appropriate use of Project property, or failing to comply with the terms of this Agreement for the Project, <br />the Department reserves the right to require the Contractor to refund the entire amount of Federal and <br />State assistance provided for the Project or any lesser amount as the Department may determine. <br />Expiration of any Project time period established for the Project does not, by itself, constitute an <br />expiration or termination of the Agreement for the Project. The Department, before issuing notice of <br />Agreement termination, shall allow the Contractor a reasonable opportunity to correct for <br />noncompliance. Upon noncompliance with the nondiscrimination section (Section 8) of this Agreement <br />or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated, or <br />suspended in whole or in part and the Contractor may be declared ineligible for contracts in accordance <br />with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions <br />may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation or <br />order of the Secretary of Labor, or as otherwise provided by law. In addition to the Department's rights <br />of termination described above, the Department may terminate its participation in the Project by <br />notifying and receiving the concurrence of the Contractor within sixty (60) days in advance of such <br />termination. <br />b. The Contractor. The Contractor may terminate its participation in the Project by <br />notifying and receiving the concurrence of the Department sixty (60) days in advance of the termination. <br />Updated 9/17/10 Page 32 of 34 <br />