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Agreement No. ####### <br />AGENCY <br />Page 13 of 14 <br />D. Information and Reports: AGENCY shall provide all information and reports <br />required by the Regulations, or directives issued pursuant thereto, and shall <br />permit access to its books, records, accounts, other sources of information, and <br />facilities as may be determined by CALTRANS or any duly authorized <br />representative of the Federal Government to be pertinent to ascertain compliance <br />with such regulations or directives. Where any information required of a <br />contractor is in the exclusive possession of another who fails or refuses to furnish <br />this information, AGENCY shall so certify to CALTRANS, or any duly authorized <br />Federal Agency as appropriate, and shall set forth what efforts it has made to <br />obtain the information. <br />E. Sanctions for Noncompliance: In the event of AGENCY's noncompliance with <br />the nondiscrimination provisions of this FTA, CALTRANS shall impose such <br />Agreement sanctions as it or any Federal funding agency may determine to be <br />appropriate, including, but not limited to: <br />1) Withholding of payments to AGENCY under the FTA until AGENCY complies, <br />and/or <br />2) Cancellation, termination or suspension of the FTA, in whole or in part. <br />F. Incorporation of Provisions: AGENCY shall include the provisions of <br />paragraphs (1) through (6) in every subcontract, including procurements of <br />materials and leases of equipment, unless exempt by the Regulations or <br />directives issued pursuant thereto. AGENCY will take such action with respect to <br />any subcontractor, or subrecipient as CALTRANS or any Federal funding agency <br />may direct as a means of enforcing such provisions including sanctions for <br />noncompliance: Provided, however, that in the event a contractor becomes <br />involved in, or is threatened with, litigation with a subcontractor or subrecipient <br />as a result of such direction, AGENCY may request CALTRANS to enter into <br />such litigation to protect the interest of the State, and, in addition, AGENCY may <br />request the United States to enter into such litigation to protect the interests of <br />the United States. <br />