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5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
<br />Non-discrimination provisions of this contract, the Servicing Agency will impose such
<br />contract sanctions as it or the FHWA may determine to be appropriate, including, but not
<br />limited to:
<br />a. withholding payments to the contractor under the contract until the contractor
<br />complies; and/or
<br />b. cancelling, terminating, or suspending a contract, in whole or in part.
<br />6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
<br />through six in every subcontract, including procurements of materials and leases of
<br />equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
<br />thereto. The contractor will take action with respect to any subcontract or procurement as the
<br />Servicing Agency or the FHWA may direct as a means of enforcing such provisions
<br />including sanctions for noncompliance. Provided, that if the contractor becomes involved in,
<br />or is threatened with litigation by a subcontractor, or supplier because of such direction, the
<br />contractor may request the Servicing Agency to enter into any litigation to protect the
<br />interests of the Servicing Agency. In addition, the contractor may request the United States
<br />to enter into the litigation to protect the interests of the United States.
<br />amab7►i.�
<br />CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
<br />ACTIVITY, FACILITY, OR PROGRAM
<br />The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
<br />entered into by the Servicing Agency under the terns of the Agreement:
<br />1. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs,
<br />personal representatives, successors in interest, and assigns, as a part of the consideration hereof,
<br />does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the
<br />land"] that:
<br />In the event facilities are constructed, maintained, or otherwise operated on the
<br />property described in this (deed, license, lease, permit, etc.) for a purpose for which a
<br />U.S. Department of Transportation activity, facility, or program is extended or for
<br />another purpose involving the provision of similar services or benefits, the (grantee,
<br />licensee, lessee, permittee, etc.) will maintain and operate such facilities and services
<br />in compliance with all requirements imposed by the Acts and Regulations (as may be
<br />amended) such that no person on the grounds of race, color, or national origin, will
<br />be excluded from participation in, denied the benefits of, or be otherwise subjected to
<br />discrimination in the use of said facilities.
<br />2. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
<br />discrimination covenants, the Servicing Agency will have the right to terminate the (lease,
<br />license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon,
<br />and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
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