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(10) In the event the Project is approved for assistance under the <br /> Act, the foregoing terms and conditions shall be made part of the <br /> contract of assistance between the federal government and the <br /> Public Body or Recipient of federal funds; provided, however, <br /> that this arrangement shall not merge into the contract of <br /> assistance, but shall be independently binding and enforceable <br /> by and upon the parties thereto, and by any covered employee or <br /> his representative, in accordance with its terms, nor shall any <br /> other employee protective agreement merge into this arrangement, <br /> but each shall be independently binding and enforceable by and <br /> upon the parties thereto, in accordance with its terms. <br /> C. Waiver <br /> As a part of the grant approval process, either the Recipient or other <br /> legally responsible party designated by the Public Body may in writing <br /> seek from the Secretary of Labor a waiver of the statutory required <br /> protections. The Secretary will waive these protections in cases, <br /> where at the time of the requested waiver, the Secretary determines <br /> that there are no employees of the Recipient or of any other surface <br /> public transportation providers in the transportation service area who <br /> could be potentially affected by the Project. A thirty (30) day <br /> notice of proposed waiver will be given by the Department of Labor and <br /> in the absence of timely objection, the waiver will become final at <br /> the end of the thirty (30) day notice period. In the event of timely <br /> objection, the Department of Labor will review the • matter and <br /> determine whether a waiver shall be granted. On the absence of <br /> waiver, these protections shall apply to the Project. <br /> D. Acceptance of Warranty <br /> I, Shirley E. Marshall,Chair,County Commissioners, do hereby <br /> (Name and Tit)e) <br /> certify that the County of Orange <br /> (legal name of applicant/Recipient) <br /> has agreed to the terms and conditions of this Warranty and will <br /> accept this agreement as part of the contract of assistance with the <br /> North Carolina Department of Transportation. <br /> (SEAL) <br /> Signature <br /> /gaZ/ri <br /> (Date) <br /> • <br /> -45- <br />