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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 WarranLZ <br />I, Moses Carey, Jr.- Chair, County Commissioners do hereby <br />(Name and Title) <br />certify that the oran e <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 />-36- <br />February 11, 1992 <br />(Date) <br />