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<br /> That in the case'of noncompliance with the terms of this agreement by the part' of the second art, the party
<br /> of the first part the right to stop all work until the facility has been brought into compliance or re-
<br /> moved froa the right of way at no cost to the party of the first port. W
<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 ■etond party, for itself, its algnee@ and successor■ in interest
<br /> a
<br /> (hereinafter referred to the "contractor"), a
<br /> , agrees as follows:
<br /> a: Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimin-
<br /> etion in Federally-aaiated program■ of the U. S. Department of Transportation, Title 49, Code of Federal
<br /> Regulation., 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 part of this contract.
<br /> b, Nondiecriminatione 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 election and retention of subcon-
<br /> tractors, including procurements of materials and lease, 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 a of the Regulations.
<br /> c. Solicitations for Subcontract., Tncludirg.Procurements of Materials and EWlpment: 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 obligation■ under this contract and the
<br /> Regulations relative to nondiscrimination on the grounds of race, color, or national origin. '
<br /> d. Information and Repnrts: The contractor shall provide all information and reports required by the Regulations, or directives
<br /> issued pursuant thereto, and shall permit access to Its books, records, accounts, other seuree. of Information, and Its tecllities
<br /> as may be determined by the Department of Transportation or the federal Highway Administration to be pertinent to ascertain compliance
<br /> with such Regulations or directives. where any Information required of • contractor Is in the esclusive po ion of another
<br /> who laths or refuses to furnish this Information, the contractor shall so certify to the Department of Transportation, or the federal
<br /> Ntghwey Administration as apprt,prtate, and shall sat forth what efforts It has made to obtain the Information.
<br /> C. Sanctions for tionccmpilance: 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 Adminisaratlon may determine tp
<br /> be approprlett, Including, but not limited to.
<br /> (1) withholding of payment, to the contractor under the contract until the contractor complies, and/or
<br /> (r) cancellation, termination or suspension of the contract, In whole or In part.
<br /> f. 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 /> Provided, however, thatl,aInn r for noncompliance:
<br /> the event a contractors becomes sInvolved rin. oruIs threatened with,dlitigationowith a subcontractor or
<br /> supplier as a result of such direction, the corrector may request the Department of Transportation to enter Into such lltigstlen 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 /> .': "„::::1--.,,..--":1,11-'1 ........
<br /> to be executed in the day and year first above written.
<br /> DEPARTMENT OF TRANSPORTATION
<br /> BY: ri-
<br /> WITNESS: /DIVISION ENGINEER OP
<br /> .21..(7. 7./4% -'1 ./7"
<br /> M thew C. Ankrom A. Chris Ernst r(Signature)
<br /> '._ :r.:',..':. -:'
<br /> Project Engineer VP of Engineering, 'R o pT Nara)
<br /> Hancor Inc Rancor, Inc. (Title)
<br /> Second Party
<br /> WITNESS:
<br /> 1 •
<br /> /
<br /> ■ 1 e/1:'' re
<br /> Moses Carey
<br /> Chairman, Orange Co. Commissloneras)
<br /> (Title)
<br /> Orange County ,
<br /> Third Party
<br />
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