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DocuSign Envelope ID:63E81679-OC83-4B6C-B9E4-AFBB81985720 <br /> Department prior to execution of this Agreement and disbursement of funds. The <br /> certification will be incorporated into this Agreement as Attachment B. <br /> 12. Assignment <br /> a. Unless otherwise authorized in writing by the Department, the Subrecipient <br /> shall not assign any portion of the work to be performed under this Agreement, <br /> or execute any contract, amendment, or change order thereto, or obligate itself <br /> in any manner with any third party with respect to its rights and responsibilities <br /> under this Agreement without the prior written concurrence of the Department. <br /> b. The Subrecipient agrees to incorporate the terms of this agreement and any <br /> applicable State or Federal requirements into written third-party contracts, sub- <br /> agreements, and leases, and to take the appropriate measures necessary to <br /> ensure that all Project participants comply with applicable Federal and State <br /> laws, regulations, and directives affecting their performance, except to the <br /> extent the Department determines otherwise in writing. <br /> 13. Hold Harmless. <br /> Except as prohibited or otherwise limited by law, the Subrecipient agrees to indemnify, <br /> save, and hold harmless the Department, the State of North Carolina and the United <br /> States of America and its officers, agents, and employees acting within the scope of their <br /> official duties against any liability, including costs and expenses, resulting from any willful <br /> or intentional violation by the Subrecipient of proprietary rights, copyrights, or right of <br /> privacy, arising out of the publication, translation, reproduction, delivery, use, or <br /> disposition of any data furnished under the Project. <br /> 14. Real Property, Equipment, and Supplies. <br /> Federal or State Interest. The Subrecipient understands and agrees that the Federal <br /> or State Government retains an interest in any real property, equipment, and supplies <br /> financed with Federal or State assistance (Project property) until, and to the extent, that <br /> the Federal or State Government relinquishes its Federal or State interest in that Project <br /> property. NCDOT shall be informed and included in all ribbon cuttings / dedications / <br /> groundbreakings. With respect to any Project property financed with Federal or State <br /> assistance under this Agreement, the Subrecipient agrees to comply with the following <br /> provisions, except to the extent FTA or the Department determines otherwise in writing: <br /> a. Use of Project Property. The Subrecipient agrees to maintain continuing control of <br /> the use of Project property. The Subrecipient agrees to use Project property for <br /> appropriate Project purposes (which may include joint development purposes that <br /> generate program income, both during and after the award period and used to <br /> support public transportation activities) for the duration of the useful life of that <br /> property, as required by FTA or the Department. Should the Subrecipient <br /> unreasonably delay or fail to use Project property during the useful life of that <br /> NCDOT PTD Federal Agreement Page 9 of 23 <br /> Revised 12/28/2018 <br />