2017-575 OPT - FY2018 NCDOT application for Section 5310 Public Transportation Grant

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d. FTA and Department Concurrence. The FTA and the Department reserve the right to concur in any compromise or settlement of any claim involving the Project andtheGnantee` e. Alternative Dispute Resolution. The Deportment encourages the Grantee to use alternative dispute resolution procedures, os may beappropriate. Section 34. The Grantee agrees that a ohm1Qe in Project circumstances causing an inconsistency With the terms of this Agreement for the Project will require eD amendment or revision to this Agreement for the Project signed by the original signatories or their authorized designees orsuccessors. The Grantee agrees that echange in the fundamental information submitted in its Application will also require on Amendment to its Application o[ this Agreement for the Project. The Grantee agrees that the project vvi/|nntincuranycostoaeaociatedvviththwmnnendnoontor revision before receiving notification of approval from the division, The Grantee agrees that any requests for amendments and or revisions will be submitted in accordance with the policies and procedures established byFTA and the Department. Section 36. Information Obtained Through Internet Links. This Agreement may include electronic linksA/Veb site addresses to FederaYState laws, regulations, and directives as well as other information. The Department does not guarantee the accuracy of information accessed thno4gh such links. Accordingly, the Grantee agrees that information obtained through any electronic link within this Agreement does not represent an nfhoie| version of m Federal/State iavv regulation, ordinactivo' and might beinaccurate. Thus, information obtained through such links is neither incorporated by reference nor made part of this Agreement. The Federal Register and the Code of Federal Regulations are the nffiria| sources for regulatory information pertaining to the Federal Government. Section 36. Severability. If any provision of the FTA Master Agreement or this Agreementfor the Project is determined invo|kj, the remainder of that Agreement ah8U not be affected if that remainder would continue to conform to the requirements of applicable FederallState laws or regulations. Section 37. Termination of Agreement. a. The Department of Transportation. In the event of the Grantee's noncompliance with any of the provisions of this Agreement, the Department may suspend or terminate the Agreement by giving the Grantee thirty (30) days advance ' notice. Any failure to make reasonable progress on the Project or violation of this Agreement for the Project that endangers substantial performance of the Project shall provide sufficient grounds for the Department to terminate the Agreement for the Project, |n general, termination of Federal and State assistance for the Project will not invalidate ob|igatiohu properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled, |f, however, the Department determines that the Grantee has willfully misused Federal/State assistance byfailing to make adequate progress, failing to make reasonable and appropriate use nfProject pnopadv, or failing to comply with the terms of this Agreement for the Project, theDepadrnentreson/eothe['httonaquiretheGranƒeatonafundthe entina amount of Federal and State aoeiatoOoe provided for the Project or any lesser amount an the Department may determine. Expiration of any Project time pehod established for the Project does Rot, by itself, constitute an expiration or termination uf the Agreement for the Project. The Department, before issuing notice of Agreement termination, shall allow the Grantee a reasonable opportunity to correct for noncompliance. Upon noncompliance with the nondiscrimination section (Section 8) ofthis Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Grantee may be declared ineligible for contracts in accordance with procedures authorized in Executive Orders No. 11246 and No. 11375'ondauohothorsandionannaybeinnpoaedmqdrenned|euinvnkodaoprovidodiD the said Executive Order or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. In addition to the Department's rights of termination described above. the Department may terminate its participation in the Project bvOctifv(n0andn*oeivingtheoonournenoo of the Grantee within sixty /WO\ days in advance of such termination. 05/27Y2015 Page 33o[37