Agmt 2014 Metropolitan Transportation Commission MTC

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