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38.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination <br />provisions in this contract/funding Agreement, the WTSC will have the right to impose such <br />contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to <br />withholding payments to the contractor/funding recipient under the contract/agreement until the <br />contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or <br />funding agreement, in whole or in part. <br />38.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, <br />memoranda, and/or guidance, the SUB -RECIPIENT hereby gives assurance that it will promptly take any <br />measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, <br />or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected <br />to- discrimination under any program -or activity, forwhichthe Recipient receives Federal financial <br />assistance from DOT, including NHTSA". <br />38.1.6 To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in <br />every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. <br />39. POLITICAL ACTIVITY (HATCH ACT) <br />The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the <br />political activities of employees whose principal employment activities are funded in whole or in part <br />with federal funds. <br />40. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE <br />The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or <br />to create checkpoints that specifically target motorcyclists. This Agreement does not include any <br />aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. <br />41. STATE LOBBYING <br />None of the funds under this Agreement will be used for any activity specifically designed to urge or <br />influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal <br />pending before any state or local legislative body. Such activities include both direct and indirect (e.g., <br />"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary <br />is supported with NHTSA funds from engaging in direct communications with state or local legislative <br />officials, in accordance with customary state practice, even if such communications urge legislative <br />officials to favor or oppose the adoption of a specific pending legislative proposal. <br />42. CERTIFICATION ON CONFLICT OF INTEREST <br />page 19 of 26 <br />