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provided for in this Agreement , or now or hereinafter existing at law , in equity , <br /> or by statute , and any such right or power may be exercised from time to time <br /> and as often as may be deemed expedient . <br /> b . If there is a breach of any of the requirements , covenants or agreements in this <br /> Agreement ( including , without limitation , any reporting requirements ) , or if there <br /> are any representations or warranties which are untrue as to a material fact in <br /> this Agreement or in relation to the Project ( including the performance thereof) , <br /> the Subrecipient agrees that the Department may require repayment from the <br /> Subrecipient of an amount of funds to be determined in the Department ' s sole <br /> discretion but not to exceed the amount of funds the Subrecipient has already <br /> received under this Agreement . <br /> 10 . Civil Rights and Equal Opportunity <br /> Under this Agreement , the Subrecipient shall at all times comply with the <br /> requirements included as part of this agreement in the Federal Terms and <br /> Conditions . <br /> 19 . Choice of Law and Venue <br /> i <br /> This agreement is to be interpreted according to the laws of the State of North <br /> Carolina . The Parties hereby agree that the proper venue for any claims filed as a result <br /> of this Agreement shall be the Superior Court of Wake County , North Carolina . <br /> 20 . S eve rabiL <br /> If any provision of the FTA Master Agreement or this Agreement for the Project is i <br /> determined invalid , the remainder of that Agreement shall not be affected if that remainder <br /> would continue to conform to the requirements of applicable Federal or State laws or <br /> regulations . i <br /> 21 . Incorporated Terms and Conditions <br /> In addition to the Terms and Conditions contained in this agreement and the terms <br /> and conditions included in the grant application , which are hereby incorporated by <br /> reference , additional terms and conditions incorporated by reference into this <br /> agreement are checked below . <br /> Federal Terms and Conditions , Attached <br /> NCDOT PTD Federal Agreement Page 13 of 23 <br /> Revised 6/28/2018 <br />