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(hereinafter "U.S. DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time
<br />to time, (hereinafter referred to as the "Regulations"), which are herein incorporated by reference and
<br />made a part of this contract.
<br />In addition, the LPA will comply with the provisions of the Americans with Disabilities Act, Section
<br />504 of the Rehabilitation Act, FHWA Guidance, and any other Federal, State, and/or local laws, rules and/or
<br />regulations (hereinafter referred to as "ADA/504").
<br />(2) Nondiscrimination: The LPA, with regard to the work performed by it during the contract, will not
<br />discriminate on the grounds of race, color, national origin, sex, age, or disability, in the selection and
<br />retention of contractors or subcontractors, including procurements of materials and leases of equipment.
<br />The LPA will not participate either directly or indirectly in the discrimination prohibited by section 21.5 of
<br />the Regulations, including employment practices when the contract covers a program set forth in Appendix
<br />B of the Regulations, as well as the ADA/504 regulations.
<br />(3) Solicitations for Professional Services: In all solicitations for professional services made by the LPA
<br />for work to be performed under a contract or subcontract, each potential consultant will be notified by the
<br />LPA of the LPA's obligations under this contract and the Regulations relative to nondiscrimination on the
<br />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 the
<br />Regulations or directives issued pursuant thereto, and will permit access to its books, records, accounts,
<br />other sources of information, and its facilities as may be determined by the STATE or FHWA to be pertinent
<br />to ascertain compliance with such Regulations, orders and instructions. Where any information required
<br />of the LPA is in the exclusive possession of another who fails or refuses to furnish this information, the LPA
<br />will so certify to the STATE or FHWA, as appropriate, and will set forth what efforts it has made to obtain
<br />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 or FHWA
<br />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, 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) through (5)
<br />above in every contract or subcontract, including procurements of materials and leases of equipment,
<br />unless exempt by the Regulations, or directives issued pursuant thereto. The LPA will take such action with
<br />respect to any contractor or subcontractor procurement as the STATE or FHWA may direct as a means of
<br />enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event the
<br />LPA becomes involved in, or is threatened with, litigation with a contractor, subcontractor, or supplier as a
<br />result of such direction, the LPA may request the STATE to enter into such litigation to protect the interests
<br />of the STATE, and, in addition, the LPA may request the United States to enter into such litigation to protect
<br />the interests of the United 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 properties
<br />specifically devised for the PROJECT by its consultants or contractors performing work become the property
<br />of the LPA, and that when requested, such designs, specifications, processes, devices or other intellectual
<br />properties shall become available to ODOT and FHWA with an unrestricted right to reproduce, distribute,
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