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(1) P,lan, manage, and complete the Project and provide for the use of Project
<br />property;
<br />(2) Carry out the safety and security aspects of the Project; and
<br />(3) Comply with the terms of this agreement, the Master Agreement
<br />between the FTA and the Department, the Approved Project Budget, the
<br />Project schedules, the Contractor's annual Certifications and Assurances to
<br />the Department, and applicable Federal and State laws, regulations, and
<br />directives,
<br />b, Administrative Reguirements. The Contractor agrees to comply with the following
<br />Federal and State administrative requirements:
<br />(1) U.S, DOT regulations, "Uniform Administrative Requirements for
<br />Grants and Cooperative Agreements to State and Local Governments," 49
<br />C.F.R. Part 18 at (http://www.access.gpo.gov/nara/cfr /cfr-table-
<br />search. html#page 1).
<br />(2) Title 19A North Carolina Administrative Code (N.C.A,C.) Subchapter
<br />5 B at ( Li(IL L/repgrLs . o a h, sta te , n q,.0 sh L.ac
<br />c. lication of Federal State and Local Laws Re ula�tions and Directives. To
<br />achieve compliance with changing federal requirements, the Contractor, makes note that federal, state
<br />and local requirements may change and the changed requirements will apply to this Agreement as
<br />required.
<br />d. Contractor's Primary Responsibility to Comp! with Federal and State Requirement
<br />irrespective of involvement by any other participant in the Project, the Contractor agrees that it, rather
<br />than the participant, is ultimately responsible for compliance with all applicable Federal and State laws,
<br />regulations, and directives, the Master Agreement between the FTA and the Department, and this
<br />Agreement, except to the extent that the Department determines otherwise in writing. Unless otherwise
<br />authorized in writing by the Department, the Contractor shall not assign any portion of the work to be
<br />performed under this Agreement, or execute any contract, amendment, or change order thereto, or
<br />obligate itself in any manner with any third party with respect to its rights, and responsibilities under this
<br />Agreement without the prior written concurrence of the Department. Further, the Contractor shall
<br />incorporate the provisions of this Agreement into any lease arrangement and shall not enter into any
<br />lease arrangement without the prior concurrence of the Department. Any lease approved by the
<br />Department shall! be Subject to the conditions or limitations governing the lease as set forth by the FTA
<br />and the Department.. IIf the Contractor leases any Project asset to another party, the Contractor agrees
<br />to retain ownership of the leased asset, and assure that the Lessee will use the Project asset to provide
<br />mass transportation service, either through a "Lease and Supervisory Agreement" between the
<br />Contractor and Lessee, or another similar document. The Contractor agrees to provide a copy of any
<br />relevant documents.
<br />(1) Significant Participation by a Third Poly Contractor. Although the
<br />Contractor may enter into a third party contract, after obtaining approval from the Department, in which
<br />the third party contractor agrees to provide property or services in support of the Project, or even carry
<br />out Project activities normally performed by the Contractor (such as in a turnkey contract), the
<br />Contractor agrees that it, rather than the third party contractor, is ultimately responsible to the
<br />Department for compliance with all applicable Federal and State laws, regulations, and directives,
<br />except to the extent that the Department determines otherwise in writing,
<br />(2) Significant Participation by a Subcontractor. Although the Contractor
<br />may delegate any or almost all Project responsibilities to one or more subcontractors, the Contractor
<br />agrees that it, rather than the subcontractor, is Ultimately responsible for compliance with all applicable
<br />Federal and State laws, regUlations, and directives, except to the extent that the Department
<br />determines otherwise in writing.
<br />(3) Significant. Participation by a Lessee of a Contractor. Although the
<br />contractor may lease project property and delegate some or many project responsibilities to one or
<br />more lessees, the Contractor agrees that it, rather than any lessee, is ultimately responsible for
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