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(b) Education, awareness, and other outreach to employees about the safety risks <br />associated with texting while driving. <br />(3) Include this Special Provision in its subagreements with its subrecipients and third <br />party contracts and also encourage its subrecipients, lessees, and third party contractors <br />to comply with the terms of this Special Provision, and include this Special Condition in <br />each subagreement, lease, and third party contract at each tier financed with Federal <br />assistance provided by the Federal Government. <br />Section 27. 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 <br />U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation <br />Security Administration regulations, "Protection of Sensitive Security Information," 49 <br />C.F.R. Part 1520. <br />Section 28. 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, <br />default, or 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, <br />or litigation that may affect the Federal /State Government's interests in the Project <br />or the Federal /State Government's administration or enforcement of Federal /State <br />laws or regulations. If the Contractor seeks to name the Federal /State Government <br />as a party to litigation for any reason, in any forum, the Contractor agrees to inform <br />the Department in writing before doing so. In turn, the Department shall be <br />responsible for notifying FTA. <br />b. Federal /State Interest in Recovery. The Federal /State Government retains <br />the right to a proportionate share, based on the percentage of the Federal /State <br />share awarded for the Project, of proceeds derived from any third party recovery, <br />except that the Contractor may return any liquidated damages recovered to its <br />Project Account in lieu of returning the Federal /State share to the Department. <br />C. Enforcement. The Contractor agrees to pursue all legal rights provided within <br />any third party contract. <br />d. FTA and Department Concurrence. The FTA and the Department reserve <br />the right to concur in any compromise or settlement of any claim involving the <br />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 />Section 29. Amendments /Revisions to the Project. The Contractor agrees that a <br />change in Project circumstances causing an inconsistency with the terms of this <br />Agreement for the Project will require an amendment or revision to this Agreement for <br />the Project signed by the original signatories or their authorized designees or successors. <br />The Contractor agrees that a change in the fundamental information submitted in its <br />Application will also require an Amendment to its Application or this Agreement for the <br />Project. The Contractor agrees that the project will not incur any costs associated <br />with the amendment or revision before receiving notification of approval from the <br />division. The Contractor agrees that any requests for amendments and or <br />revisions will be submitted in accordance with the policies and procedures <br />established by FTA and the Department. <br />Updated 04/15/16 28 <br />