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and Management fails to certify the availability of funds, this Agreement or any renewal thereof will
<br />terminate on the date funding expires.
<br />9.2 Unless otherwise directed by ODOT, if for any reason the PROJECT is not completed in its entirety or to a
<br />degree acceptable to ODOT and FHWA, the LPA shall repay to ODOT an amount equal to the total funds ODOT
<br />disbursed on behalf of the PROJECT. In turn, ODOT shall reimburse FHWA an amount equal to the total sum
<br />of Federal dollars it has received for the PROJECT. If the LPA has not repaid ODOT in full an amount equal to
<br />the total funds ODOT disbursed on behalf of the project, any funds recovered from the performance and
<br />payment bond as required under section 7.7 shall be used to offset the Federal dollars reimbursed to FHWA.
<br />10. NONDISCRIMINATION
<br />10.1 In carrying out this Agreement, the LPA shall not discriminate against any employee or applicant for
<br />employment because of race, religion, color, sex, national origin, ancestry, age, disability as that term is
<br />defined in the American with Disabilities Act, military status (past, present, or future), or genetic information.
<br />The LPA shall ensure that applicants are hired and that employees are treated during employment without
<br />regard to their race, religion, color, sex, national origin, ancestry, age, disability, military status, or genetic
<br />information. Such action shall include, but not be limited to the following: employment, upgrading, demotion,
<br />or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship.
<br />10.2 The LPA agrees to post in conspicuous places, available to employees and applicants for employment,
<br />notices setting forth the provisions of this nondiscrimination clause, and in all solicitations or
<br />advertisements for employees placed by it, state that all qualified applicants shall receive consideration for
<br />employment without regard to race, religion, color, sex, national origin, ancestry, age, disability, military
<br />status, or genetic information. The LPA shall incorporate this nondiscrimination requirement within all of
<br />its contracts for any of the work on the PROJECT (other than subcontracts for standard commercial supplies
<br />or raw materials) and shall require all of its contractors to incorporate such requirements in all subcontracts
<br />for any part of such PROJECT work.
<br />10.3 The LPA shall ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, will have
<br />an equal opportunity to participate in the performance of contracts and subcontracts financed in whole or
<br />in part with Federal funds provided in conjunction with this Agreement. For a PROJECT upon which a DBE
<br />goal is assigned, the LPA shall require that all contracts and other agreements it enters into for the
<br />performance of the PROJECT contain the following specific language:
<br />Disadvantaged Business Enterprise (DBE) Requirement. DBE participation goals
<br />(subcontracts, materials, supplies) have been set on this project for those certified as
<br />DBEs pursuant to Title 23, U.S.C. section 140(c) and 49 CFR, Part 26, and where applicable
<br />qualified to bid with ODOT under Chapter 5525 of the ORC.
<br />Pursuant to 49 CFR 26.13(b), the LPA agrees not to discriminate on the basis of race, color, national origin, or
<br />sex in the performance of this Agreement. The LPA agrees to carry out applicable requirements of 49 CFR Part
<br />26 in the award and administration of DOT -assisted contracts. The LPA understands that failure to carry out
<br />these requirements is a material breach of this Agreement, which may result in the termination of this
<br />Agreement or such other remedy as ODOT deems appropriate.
<br />10.4 During the performance of this contract, the LPA, for itself, its assignees and successors in interest") agrees
<br />as follows:
<br />(1) Compliance with Regulations: The LPA will comply with the regulations relative to
<br />nondiscrimination in Federally -assisted programs of the United States Department of Transportation
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