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made part of this Agreement for the Project. The Recipient understands and agrees that if it or an <br />operator violates that school transportation operations agreement the violator will be barred from <br />receiving Federal or State transit assistance in an amount to be determined by the Department. <br />Section 21. Metric System. <br />As practicable and feasible, the Recipient agrees to accept products and services with dimensions <br />expressed in the metric system of measurement. <br />Section 22. Substance Abuse. <br />To the extent applicable, the Recipient agrees to comply with the following Federal substance abuse <br />regulations: <br />a. Drug -Free Workplace. U.S. DOT regulations, "Government wide Requirements for Drug -Free <br />Workplace (Financial Assistance), 49 C.F.R. Part 32, that implement the Drug -Free <br />Workplace Act of 1988, 41 U.S.C. §§ 701 et seq. <br />b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse <br />and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49 U.S.C. <br />§ 5331. <br />Section 23. Seat Belt Use. <br />In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States," April <br />16, 1997, 23 U. S. C. § 402 note, the Recipient is encouraged to adopt and promote on- the -job seat <br />belt use policies and programs for its employees and other personnel that operate company- owned, <br />rented, or personally operated vehicles, and to include this provision in any third party contracts, <br />third party subcontracts, or subagreements involving the Project. <br />Section 24. Protection of Sensitive Security Information. <br />To the extent applicable, the Recipient agrees to comply with 49 U.S.C. § 40119(b) and <br />implementing U.S. DOT regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, <br />and with 49 U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, <br />Transportation Security Administration regulations, "Protection of Sensitive Security Information," <br />49 C.F.R. Part 1520. <br />Section 25. Disputes, Breaches, Defaults, or Other Litigation. <br />The Recipient agrees that TJCOG has a vested interest in the settlement of any dispute, breach, <br />default, or litigation involving the Project. Accordingly: <br />a. Notification to TJCOG. The Recipient agrees to notify TJCOG in writing of any current or <br />prospective major dispute, breach, default, or litigation that may affect the State <br />Government's interests in the Project or the State Government's administration or <br />enforcement of Federal /State laws or regulations. If the Recipient seeks to name the State <br />Government as a party to litigation for any reason, in any forum, the Recipient agrees to <br />inform TJCOG in writing before doing so. <br />b. TJCOG Interest in Recovery. TJCOG retains the right to a proportionate share of proceeds <br />derived from any third party recovery, except that the Recipient may return any liquidated <br />damages recovered to its Project Account in lieu of returning the share to TJCOG. <br />c. Enforcement. The Recipient agrees to pursue all legal rights provided within any third party <br />contract. <br />d. TJCOG Concurrence. TJCOG reserves the right to concur in any compromise or settlement of <br />any claim involving the Project and the Recipient. <br />e. Alternative Dispute Resolution. TJCOG encourages the Recipient to use alternative dispute <br />resolution procedures, as may be appropriate. <br />Page 15 of 18 <br />