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<br />(2) Nondiscrimination: The LPA, with regard to the work performed by it during the contract,
<br />will not discriminate on the grounds of race, color, national origin, sex, age, or disability, in the
<br />selection and retention of contractors or subcontractors, including procurements of materials and
<br />leases of equipment. The LPA will not participate either directly or indirectly in the discrimination
<br />prohibited by section 21.5 of the Regulations, including employment practices when the contract
<br />covers a program set forth in Appendix B of the Regulations, as well as the ADA/504 regulations.
<br />(3) Solicitations for Contractors or Subcontractors, including Procurement of Materials
<br />and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA
<br />for work to be performed under a contract or subcontract, including procurements of materials or
<br />leases of equipment, each potential contractor, subcontractor, or supplier will be notified by the
<br />LPA of the LPA's obligations under this contract and the Regulations relative to nondiscrimination
<br />on the grounds of race, color, national origin, sex, age, or disability.
<br />(4) Information and Reports: The LPA will provide all information and reports required by
<br />the Regulations or directives issued pursuant thereto, and will permit access to its books, records,
<br />accounts, other sources of information, and its facilities as may be determined by the STATE or
<br />FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions.
<br />Where any information required of the LPA is in the exclusive possession of another who fails or
<br />refuses to furnish this information, the LPA will so certify to the STATE or FHWA, as appropriate,
<br />and will set forth what efforts it has made to obtain the information.
<br />(5) Sanctions for Noncompliance: In the event of the LPA's noncompliance with the
<br />nondiscrimination provisions of this contract, the STATE will impose such contract sanctions as it
<br />or FHWA may determine to be appropriate, including, but not limited to:
<br />(a) withholding of payments to the LPA under the contract until the LPA complies,
<br />and /or
<br />(b) cancellation, termination or suspension of the contract, in whole or in part.
<br />(6) Incorporation of Provisions: The LPA will include the provisions of paragraphs (1)
<br />through (5) above in every contract or subcontract, including procurements of materials and leases
<br />of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The LPA
<br />will take such action with respect to any contractor or subcontractor procurement as the STATE or
<br />FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance;
<br />provided, however, that, in the event the LPA becomes involved in, or is threatened with, litigation
<br />with a contractor, subcontractor, or supplier as a result of such direction, the LPA may request the
<br />STATE to enter into such litigation to protect the interests of the STATE, and, in addition, the LPA
<br />may request the United States to enter into such litigation to protect the interests of the United
<br />States.
<br />11. DATA. PATENTS AND COPYRIGHTS - PUBLIC USE
<br />11.1 The LPA shall ensure that any designs, specifications, processes, devices or other intellectual
<br />properties specifically devised for the PROJECT by its consultants or contractors performing work
<br />become the property of the LPA, and that when requested, such designs, specifications, processes,
<br />devices or other intellectual properties shall become available to ODOT and FHWA with an
<br />unrestricted right to reproduce, distribute, modify, maintain, and use. The LPA's consultants and
<br />contractors shall not seek or obtain copyrights, patents, or other forms of proprietary protection for
<br />such designs, specifications, processes, devices or other intellectual properties, and in providing
<br />them to the PROJECT, shall relinquish any such protections should they exist.
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