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<br /> MTC/City of San Leandro
<br /> Bay Fair BART Transit Village Specific Plan EIR Funding Agreement
<br /> Page 16 I
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<br /> Comptroller General of the United States,the State,or any of their duly authorized representatives shall 11
<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 F
<br /> used in this clause excludes agreements not exceeding$25,000. F
<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, r
<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 F
<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 F
<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.
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<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. i'
<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.
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