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(1) Compliance with Regulations: The Contractor will comply with the Regulations of the
<br />Department of Transportation relative to nondiscrimination in federally assisted
<br />programs of the Department of Transportation (Title 49, Code of Federal Regulations,
<br />Parts 21 and 27, hereinafter referred to as the Regulations), which are herein
<br />incorporated by reference and made a part of this contract.
<br />(2) Nondiscrimination: The Contractor, with regard to the work performed by it after award
<br />and prior to completion of the contract work, will not discriminate on the basis of
<br />disability, race, color, sex, religion or national origin in the selection and retention of
<br />subcontractors, including procurements of materials and leases of equipment. The
<br />contractor will not participate either directly or indirectly in the discrimination prohibited
<br />by Section 21.5 of the Regulations, including employment practices when the contract
<br />covers a program set forth in Appendix "A," "B," and "C" of Part 21 of the Regulations.
<br />NONDISCRIMINATION CLAUSES
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<br />During the performance of this contract, the Contractor, for itself, its assignees and successors
<br />in interest (hereinafter referred to as the "Contractor"), agrees as follows:
<br />(3)
<br />(5)
<br />Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In
<br />all solicitations either by competitive bidding or negotiation made by the Contractor for
<br />work to be performed under a subcontract, including procurements of materials or
<br />equipment, each potential subcontractor or supplier shall be notified by the Contractor of
<br />the Contractor's obligations under this contract and the Regulations relative to
<br />nondiscrimination on the basis of disability, race, color, sex, religion or national origin.
<br />(4) Information and Reports: The Contractor will provide all information and reports required
<br />by the Regulations, or orders and instructions issued pursuant thereto, and will permit
<br />access to its books, records, accounts, other sources of information, and its facilities as
<br />may be determined by the State Highway Department or the Federal Highway
<br />Administration to be pertinent to ascertain compliance with such Regulations, orders and
<br />instructions. Where any information required of a Contractor is in the exclusive
<br />possession of another who fails or refuses to furnish this information, the Contractor
<br />shall so certify to the Project Owner, State Highway Department, or the Federal Highway
<br />Administration as appropriate, and shall set forth what efforts it has made to obtain the
<br />information.
<br />Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
<br />nondiscrimination provisions of this contract, the Project Owner, State Highway
<br />Department shall impose such contract sanctions as it or the Federal Highway
<br />Administration may determine to be appropriate, including but not limited to,
<br />a) withholding of payments to the Contractor under the contract until the Contractor
<br />complies, and /or
<br />b) cancellation, termination or suspension of the contract, in whole or in part.
<br />(6) Incorporation of Provisions: The Contractor will include the provisions of paragraph (1)
<br />through (6) in every subcontract, including procurements of materials and leases of
<br />equipment, unless exempt by the Regulations, order, or instructions issued pursuant
<br />thereto. The Contractor will take such action with respect to any subcontract or
<br />procurement as the Project Owner, State Highway Department or the Federal Highway
<br />Administration may direct as a means of enforcing such provisions including sanctions
<br />for noncompliance: Provided, however, that, in the event a Contractor becomes
<br />involved in, or is threatened with, litigation with a Project Owner subcontractor or
<br />supplier as a result of such direction, the Contractor may request the State to enter into
<br />such litigation to protect the interests of the Project Owner, and in addition, the
<br />Contractor may request the United States to enter into such litigation to protect the
<br />interests of the United States.
<br />EXHIBIT "A"
<br />EXHIBIT A TO LICENSE AGREEMENT
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