Orange County NC Website
Section 24. 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 <br />regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C. <br />§ 114(s) and implementing U.S. Department of Homeland Security, Transportation Security <br />Administration regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 1520. <br />Section 25. Disputes, Breaches, Defaults, or Other Litigation. The Contractor agrees that <br />the Department has 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 <br />Department in writing of any current. or prospective major dispute, breach, default, or litigation <br />that may affect the State Government's interests in the Project or the State Government's <br />administration or enforcement of Federal/State laws or regulations. If the Contractor seeks to <br />name the State Government as a party to litigation for any reason, in any forum, the Contractor <br />agrees to inform the Department in writing before doing so. <br />b. State Interest in Recovery. The State Government retains the right to a <br />proportionate share, based on the percentage of the State share awarded for the Project, of <br />proceeds derived from any third party recovery, except that the Contractor may return any <br />liquidated damages recovered to its Project Account in lieu of returning the State share to the <br />Department. <br />c. Enforcement. The Contractor agrees to pursue all legal rights provided within <br />any third party contract. <br />d. Department Concurrence. The Department reserves the right to concur in <br />any compromise or settlement of any claim involving the Project and the Contractor. <br />e. Alternative Dispute Resolution. The Department encourages the Contractor <br />to use alternative dispute resolution procedures, as may be appropriate. <br />Project 07-US-056 Page 43 of 49 <br />Orange County <br />