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Page 12 of 15 <br />their contractors shall not discriminate on the basis of race, color, <br />national origin, or sex in the award and performance. of Department assisted <br />contracts. <br />(c) Subcontracts. The Contractor shall advise each subrecipient, <br />contractor, or subcontractor that failure to carry out the requirements set <br />forth in 49 CFR subsection 23.43(1) shall constitute a breach of contract <br />and, after the notification of the Department, may result in termination of <br />the Agreement or contract by the Contractor or such remedy as the Contractor <br />deems appropriate. <br />(d) DBE Program. If as a condition of assistance the Contractor has <br />submitted and the Department has approved a Disadvantaged Business Enterprise <br />program which the recipient agrees to carry out, this program is incorporated <br />into this Agreement by reference. This program shall be treated as a legal <br />obligation and failure to carry out its terms shall be treated as a violation <br />of the financial assistance Agreement. Upon notification to the recipient <br />of its failure to carry out the approved program, the Department shall <br />impose sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may <br />include termination of the Agreement or other measures that may affect the <br />ability of the Contractor to obtain future FT'A financial assistance. <br />Section 20. Section 504 - Rehabilitation Act of 1973. The Contractor <br />will comply with all the requirements imposed by Section 504 of the <br />Rehabilitation Act of 1973 (P.L. 93 -112, 29 U.S.C. 790 et sect), the <br />Regulations of U.S. DOT issued thereunder (CFR 'Title 49, Part 27), and the <br />assurance by the Contractor pursuant thereto. The aformentioned documents <br />and any subsequent amendments or revisions thereto, are herewith <br />incorporated by reference. <br />Section 21. Americans with Disabilities Act. The contractor shall <br />