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MTC/City of San Leandro <br />Bay Fair BART Transit Village Specific Plan EIR Funding Agreement <br />Page 16 <br />Comptroller General of the United States, the State, or any of their duly authorized representatives shall <br />have access to and the right to examine any directly pertinent books, documents, papers, and records of <br />such subcontractor, during normal business hours, for the term specified above. The term "contract" as <br />used in this clause excludes agreements not exceeding $25,000. <br />6. LICENSE TO WORK PRODUCTS <br />RECIPIENT. hereby grants to MTC an irrevocable, non-exclusive, royalty -free license to use <br />without restriction and share with any person or entity all drawings, designs, specifications, manuals, <br />reports, studies, surveys, models, software, source code and source code documentation, documentation <br />or system architecture, and any other documents, materials, data, and products ("Work Products") <br />developed, prepared, or assembled by RECIPIENT or RECIPIENT's CONSULTANT(s) or its <br />subCONSULTANTs pursuant to this Agreement. MTC may exercise their licenses to Work Products <br />through sublicenses to a third party, without the approval of RECIPIENT or RECIPIENT's <br />CONSULTANT(s) or subCONSULTANTs. FHWA reserves a royalty -free, non-exclusive and <br />irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal <br />government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights <br />of copyright to which RECIPIENT or RECIPIENT's CONSULTANT(s) or subCONSULTANTs <br />purchase ownership under this Agreement. <br />7. EQUAL EMPLOYMENT OPPORTUNITY <br />In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section <br />303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the <br />Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA -funded <br />projects, RECIPIENT agrees that it shall not, on the grounds of race, religious creed, color, national <br />origin, age, physical disability or sex, discriminate or permit discrimination against any employee or <br />applicant for employment. <br />8. DISADVANTAGED BUSINESS ENTERPRISES (DBE) <br />It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination <br />in the award and administration of DOT -assisted contracts and to create a level playing field on which <br />disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete <br />fairly for contracts and subcontracts relating to MTC's procurement and professional services activities. <br />RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the <br />performance of this Agreement. RECIPIENT shall carry out applicable requirements of 49 CFR Part 26 <br />in the award and administration of DOT -assisted contracts. Failure by RECIPIENT to carry out these <br />requirements is a material breach of contract, which may result in the termination of this agreement or <br />such other remedy as MTC deems appropriate. <br />