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d. Information and Reports: The Municipality will provide all information <br /> and reports required by the Regulations, or orders and instructions issued <br /> pursuant thereto, and will permit access to its books, records, accounts, <br /> other sources of information, and its facilities as may.be determined by the <br /> State pertinent to ascertain compliance with such Regulations, orders and <br /> instructions. Where any information required of the Municipality or a <br /> Contractor is in exclusive possession of another who fails or refuses to <br /> furnish this information, the Municipality will so certify to the State as <br /> appropriate, and shall set forth what efforts it has made to obtain the <br /> information. <br /> e. Sanctions for Noncompliance: In the event of the Municipality's or <br /> Contractor's noncompliance with the non-discrimination provisions of this <br /> paragraph 3,the State shall impose such contract sanctions as it may <br /> determine to be appropriate, including but not limited to : <br /> (1) withholding of payments to the Municipality under the <br /> Agreement until the Municipality complies. And/or <br /> (2) cancellation,termination or suspension of the Agreement in <br /> whole or in part. <br /> f. Incorporation of Provisions: The Municipality will include the provisions <br /> of this paragraph 3 in every subcontract, including procurements of <br /> materials and leases of equipment,unless exempt by the Regulations, <br /> orders, or instructions issued pursuant thereto. The Municipality will take <br /> such action with respect to any subcontract procurement or leases as the <br /> State may direct as a means if enforcing such provisions including <br /> sanctions for noncompliance; provided, however,that in the event the <br /> Municipality becomes involved in, or is threatened with litigation with a <br /> subcontractor, or lessor as a result of such direction,the Municipality may <br /> request the State to enter into such litigation to protect the interests of the <br /> State, and in addition,the Municipality may request the United States to <br /> enter into such litigation to protect the interests of the United States. <br /> g. For contracts and subcontracts of amounts in excess of$100,000 the <br /> Municipality will comply with all applicable standards, orders, or <br /> requirements issued under Section 306 of the Clean Air Act (43 USC 1857 <br /> (h)), Section 508 of the Clean Water Act (33 USC 1386), Executive Order <br /> 11738, and the Environmental Protection Agency regulations (40 CFR <br /> Part 15), which prohibit the use under nonexempt Federal contracts, grants <br /> or loans of facilities included on Environmental Protection Agency List of <br /> Violating Facilities. The Municipality will report violations to the grantor <br /> agency and to the U.S.E.P.E. Assistant Administrator for Enforcement(N- <br /> 329). <br /> 12 <br />