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upon demand, the reasonable cost and expense to it of such removal and restoration, or the <br />STATE may, in its absolute discretion, elect to declare the same the property of the STATE <br />where upon all right, title and interest of the LESSEE shall forthwith terminate. <br />18. Time is the essence of each and all of terms and provisions of this Agreement. <br />19. Notwithstanding anything herein contained to the contrary, this Agreement may in writing, <br />by mutual consent of the parties, be teilninated, altered, changed or amended. <br />20. The LESSEE, for itself, its successors in interest and assigns, as a part of the consideration <br />hereof, does hereby covenant and agree as a covenant running with the land, that (1) no <br />person on the grounds of race, color, or national origin shall be excluded from participation <br />in, be denied the benefits of, or be otherwise subject to discrimination in the use of said <br />facilities; (2) that in connection with the construction of any improvements on said lands and <br />the iurnishing oi services thereon, no discriminaiion shall be practiced in the selection of <br />employees and contractors, by contractors in the selection and retention of first tier <br />subcontractors and by first tier subcontractors in the selection and retention of second tier <br />subcontractors; (3) that such discrimination shall not be practiced against the public in their <br />access to and use of the facilities constructed or operated on, over or under the space of the <br />right of way and; (4) that the LESSEE shall use the premises in compliance with all other <br />requirements imposed pursuant to Tile 49, Code of Federal Regulations, PART 21 - <br />NONDISCRIMINA TION IN FEDERALL Y-ASSISTED PR OGRAMS OF THE <br />DEPARTMENT OF TRANSPORTATION- EFFECTUATIONOF TITLE VI OF THE CIVIL <br />RIGHTS ACT OF 1964, and as said Regulations may be amended. That in the event of <br />breach of any of the above nondiscrimination covenants, the STATE shall have the right to <br />terminate the Agreement and to reenter and repossess said land and the facilities thereon and <br />hold the same if said lease had never been made or issued. <br />21. Notwithstanding anything herein contained to the contrary, this Agreement maybe terminated <br />at any time by either party upon sixty (60) days notice in writing but in no event prior to ten <br />(10) years after execution, unless terminated under any other express provision of this <br />agreement. <br />Page 5 of 8