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During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as
<br /> the "contractor"), agrees as follows: .
<br /> a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally"
<br /> assisted programs of the U. S. Department of Transportation, Tide 49, Code of Federal Regulations, Part 21 , as they may be
<br /> amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
<br /> made a part of Nis contract.
<br /> b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
<br /> grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
<br /> and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
<br /> Section 21 .5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B
<br /> of the Regulations.
<br /> c. Solicitations for Subcontracts, including Procurements of Materials and Eauioment: in all solicitations either by competitive
<br /> bidding or negotiation made by the contractor for wont to be performed under a subcontract, including procurements of
<br /> materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
<br /> contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or
<br /> national origin .
<br /> d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
<br /> issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
<br /> facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent
<br /> to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the
<br /> j exclusive possession of another.who fails or refuses to furnish this information, the contractor shall so certify to the
<br /> Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has
<br /> made to obtain the information.
<br /> 1 e. Sanctions for Noncompliance: In the event of the contractors noncompliance with the nondiscrimination provisions of this
<br /> t contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
<br /> may determine to be appropriate, including, but not limited to,
<br /> (1 ) withholding of payments to the contractor under the contract until the contractor complies, and/or
<br /> (2) cancellation, termination or suspension of the contract, in whole or in part.
<br /> f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs `a" through 'f in every subcontract,
<br /> including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued
<br /> pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
<br /> of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
<br /> sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
<br /> litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
<br /> Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request
<br /> the United States to enter into such litigation to protect the interests of the United States.
<br /> That when title to the subject that constitutes the aforesaid encroachment.passes from the party of the second part
<br /> and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to
<br /> perform all obligations as agreed to herein by the party of the second part.
<br /> R/W ( 166) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
<br /> R/W (1 66) incorporating all revisions to date.
<br /> IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
<br /> year first above written.
<br /> DEPARTMENT OF TRANSPORTATION
<br /> BY:
<br /> W DIVISION ENGINEER
<br /> IT ESS:L
<br /> Orange Anty
<br /> Q e � P.O. Box 8181 , Hillsborough , NC 27278
<br /> Second Party
<br /> WITNESS:
<br /> Q Q T z130 2w�
<br /> dq ird Party
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