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WEMS <br />or approved by the WTSC, be used only for the performance of this Agreement. <br />30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which <br />results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the <br />SUB-RECIPIENT to maintain and administer that property in accordance with sound management <br />practices. <br />30.4. lf any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify <br />the WTSC and shalltake all reasonable steps to protect the property from further damage. <br />30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, <br />termination, or cancellation of this Agreement. <br />30.6. All reference to the SUB-RECIPIENT under this clause shall also i nclude SU B-RFCIPIE <br />-em p loyees; agenfs; or Snb; contTadtor$ - - <br />31. 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 <br />Agreement. <br />AppLtcABLE CERTIF|CAT]ONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 <br />APPENDIX A): <br />32. 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, and <br />manufactured products produced in the United States, unless the Secretary of Transportation determines <br />that such domestically produced items would be inconsistent with the public interest, that such materials <br />are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will <br />increase the cost of the overall project contract by more than 25 percent. ln order to use federal funds to <br />purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate <br />basis and justification, and which is approved by the Secretary of Transportation. <br />33. DEBARMENT AND SUSPENSION <br />lnstructions for Lower Tier Cenification <br />33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the "lower <br />tier participant") is providing the certification set out below and agrees to comply with the requirements <br />of 2 CFR part 180 and 23 CFR part 1200. <br />33.2. The certification in this section is a material representation of fact upon which reliance was placed <br />when this transaction was entered into. lf it is later determined that the lower tier participant knowingly <br />m <br />Page13of20