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7. The Servicing Agency agrees to carry out and complete the Project without undue delays and in accordance with the tenns of the Agreement, including the Project Schedule set out in the Agreement, or in the Access Program Project Memorandum of Agreement if no Schedule is included in this Agreement, and comply with such regulations and procedures as the Government may prescribe. 8. The Servicing Agency agrees to retain all documents relevant to the Project for a period of three years from completion of the Project and receipt affinal reimbursement from the Government The Servicing Agency agrees to furnish the Government, upon request, all documents and records pertaining to the Project. 9. The Government is subject to the Freedom of Infonnation Act (FOIA). The Servicing Agency should therefore be aware that all materials submitted by the Servicing Agency related to the Agreement will become agency records and thus are subject to FOIA and to public release through individual FOIA requests. 10. The Government shall not be responsible or liabJe for any damage to property or any injury to persons that may arise from, or be incident to, perfonnance or compliance with this the Servicing Agency's work under the Agreement. The Government will be responsible for damages or injuries caused by the negligence of its own employees, to the extent permitted under the Federal Tort Claims Act, 28 U.S.c. 2671-2680. 11. To the extent that the State has not already enacted legislation regarding texting while driving, the Government encourages the Servicing Agency to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies that bar text messaging while driving company-owned or rented vehicles, or government-owned. leased, or rented vehicles or privately-owned vehicles when on official government business or when perfonning any work for or on behalf of the Government See Executive Order 13513 "Federal Leadership on Reducing Text Messaging While Driving", Oct. 1,2009 (available at htt,p:lledocket.access.gpo.govI2009/E9. 24203.htm) and DOT Order 3902.10 "Text Messaging While Driving", Dec. 30,2009, as implemented by Financial Assistance Policy Letter (No. FAP-201O-01, Feb. 2, 2010, available at http://www.dot.gov/sitesldot.dev/fllesidocsIFAPL 2010-01.pdf)This includes, but is not limited to, the Servicing Agency: a. considering new rules and programs or re-evaluating existing programs to prohibit text messaging while driving; b. conducting education, awareness, and other outreach for employees about the safety risks associated with texting while driving; and c. encouraging voluntary compliance with the agency's text messaging policy while off duty. The Servicing Agency is encouraged to insert the substance of this clause in all contracts and subcontracts. B. APPLICABLE FEDERAL LAWS AND REGULATIONS