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32.6.All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's <br />employees,agents,or sub-contractors. <br />33.WAIVER <br />A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from <br />subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. <br />APPLICABLE CERTIFICATIONSAND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23CFRPART1300APPENDIXA): <br />34.BUY AMERICA ACT <br />The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C.313)when purchasing <br />items using federal funds.Buy America requires the SUB-RECIPIENT to purchase only steel,iron,andmanufacturedproductsproducedintheUnitedStates,unless the Secretary of Transportation determines thatsuchdomesticallyproduceditemswouldbeinconsistentwiththepublicinterest,that such materials are notreasonablyavailableandofasatisfactoryquality,or that inclusion of domestic materials will increase thecostoftheoverallprojectcontractbymorethan25percent.In order to use federal funds to purchase foreignproduceditems,the WTSC must submit a waiver request that provides an adequate basis and justification, <br />and which is approved by the Secretary of Transportation. <br />35.DEBAIUVIENTAND SUSPENSION <br />Instructions for Lower Tier Certification <br />35.1.By signing this Agreement,the SUB-RECIPIENT (hereinafter in this section referred to as the "lowertierparticipant")is providing the certification set out below and agrees to comply with the requirements of 2CFRpart180and23CFRpart1300. <br />35.2.The certification in this section is a material representation of fact upon which reliance was placedwhenthistransactionwasenteredinto.If it is later determined that the lower tier participant knowinglyrenderedanerroneouscertification,in addition to other remedies available to the federal government,thedepartmentoragencywithwhichthistransactionoriginatedmaypursueavailableremedies,including <br />suspension and/or debarment. <br />35.3.The lower tier participant shall provide immediate written notice to the WTSC if at any time the lowertierparticipantlearnsthatitscertificationwaserroneouswhensubmittedorhasbecomeerroneousbyreasonofchangedcircumstances. <br />35.4.The terms covered transaction,debarment,suspension,ineligible,lower tier,participant,person,primary tier,principal,and voluntarily excluded,as used in this clause,have the meanings set out in theDefinitionsandCoveredTransactionssectionsof2CFRpart180. <br />35.5.The lower tier participant agrees by signing this Agreement that il shall not knowingly enter into anylowertiercoveredtransactionwithapersonwhoisproposedfordebarmentunder48CFRpart9,subpart