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b. Mitigation of Adverse Environmental Effects. Should the proposed- Project <br />cause or result in adverse environmental effects, the Contractor agrees to take all reasonable <br />measures to minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b), <br />and other applicable Federal laws and regulations, including 23 C.F.R. -Part 771 and 49 C.F.R. <br />Part 622. The Contractor agrees to comply with all environmental mitigation measures that may <br />be identified as commitments in applicable environmental documents, (i.e., environmental <br />assessments, environmental impact statements, memoranda of agreement, and other <br />documents as required by 49 U.S.C. § 303) and agrees to comply with any conditions the <br />Federal Government might impose in a finding of no significant impact or record of decision. <br />The Contractor agrees that those environmental mitigation measures are incorporated by <br />reference and made part of this Agreement for the Project. The Contractor also agrees that any <br />deferred mitigation measures will be incorporated by reference and made part of this Agreement <br />for the Project as soon as agreement with the Federal Government is reached. The Contractor <br />agrees that those mitigation measures agreed upon may not be modified or withdrawn without <br />the express written approval of the Federal Government. <br />Section 20. Energy Conservation. The Contractor agrees to comply with the North <br />Carolina Energy Policy Act of 1975 (N.C.G.S. 1138) issued in accordance with the Energy <br />Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 et seq., except to the extent that <br />the Department determines otherwise in writing. To the extent applicable, the Contractor <br />agrees to pertorm an energy assessment for any building constructed, reconstructed, or <br />modified with State assistance, as provided in FTA regulations, "Requirements for Energy <br />Assessments," 49 C.F.R. Part 622, Subpart C. <br />Section 21. Charter Service Operations. <br />FTA defines charter service as transportation using vehicles (buses or vans), equipment, <br />or facilities funded under the Federal Mass Transit Act for a group of persons who pursuant to a <br />07-SC-056 Page 51 of 59 <br />Orange County <br />