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That in the case of noncompliance with the terms of this agreement by the party of the second part, the party
<br /> of the first part reserves the right to stop all work until the facility hae been brought into compliance or re-
<br /> moved from the right of way at no cost to the party of the first part.
<br /> That it is agreed by both parties that this agreement shall become void if actual construction of the work
<br /> contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part
<br /> unless written waiver is secured by the party of the second part from the party of the first part,
<br /> During the performance of this contract the se�.ond party, for itself, its assignees and successors in interest
<br /> (hereinafter referred to as the "contractor"), agrees as follows:
<br /> a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimin-
<br /> ation in Federally-assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal
<br /> Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regula-
<br /> tions), which are herein incorporated by reference and made a pert of thin contract.
<br /> b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
<br /> discriminate on the grounds of race, color, or national origin in the selection and retention of subcon-
<br /> tractors, including procurements of materials and leases of equipment. The contractor shall not partici-
<br /> pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
<br /> including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
<br /> c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
<br /> either by competitive bidding or negotiation made by the contractor for work to be performed under a sub-
<br /> contract, including procurements of materials or leases of equipment, each potential subcontractor or
<br /> supplier shall be notified by the contractor of the contractor's obligations under this contract and the
<br /> Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
<br /> d. Information and Reports: The contractor shall provide all information and reports required by'tiie Regulations, or directives
<br /> issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of Information,.and its facilities
<br /> as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliancc
<br /> with such Regulations or directives, Where any information required of a contractor is in the exclusive possession of another
<br /> who falls or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal
<br /> Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the Information,
<br /> e, Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
<br /> the Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration may determine to
<br /> be appropriate, including, but not limited to,
<br /> (I) withholding of payments to the contractor under the contract until the contractor complies, and/or
<br /> (2) cancellation, termination or suspension of the contract, in whole or in part,
<br /> (. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f" In every subcontract,
<br /> including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant
<br /> thereto. The contractor shall take such action with respect to any subcontract or procurement•as the Department of Transportation
<br /> or the Federal Highway Administration may direct as a means of enforcing such provisions Including sanctions for noncompliance:
<br /> Provided, however, that, In the event a contractor becomes Involved in, or is threatened with, litigation with a subcontractor or
<br /> supplier as a result of such direction, the conractor may request the Department of Transportation to enter into such litigation to
<br /> protect the Interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation
<br /> to protect the Interests of the United States.
<br /> That when title to the subject that constitutes the aforesaid encroachment
<br /> passes from the party of the second part and vests in the party of the third part,
<br /> the party of the third part agrees to assume all responsibilities and rights and
<br /> to perform all obligations as agreed to herein by the party of the second part.
<br /> IN WITNESS WHEREOF, each of the parties to this agreement has caused the same
<br /> to be executed in the day and year first above written.
<br /> DEPARTMENT OF TRANSPORTATION
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<br /> WITNESS : DIVISION ENGINEER
<br /> ATTEST: Orange County
<br /> AO
<br /> Beverly A. ,s ythe, Clerk Moses Carey, Jr.
<br /> Chairman, Board of County a'/ 'ssioners
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