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MTC/City of San Leandro
<br /> Bay Fair BART Transit Village Specific Plan EIR Funding Agreement
<br /> Page 17
<br /> 9. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
<br /> RECIPIENT agrees to comply with all the requirements imposed by Title VI of the Civil Rights
<br /> Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued
<br /> thereunder(49 CFR Part 21).
<br /> 10. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES
<br /> RECIPIENT agrees to comply with all applicable requirements of the Americans with
<br /> Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of
<br /> 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. §
<br /> 5310(f); and their implementing regulations.
<br /> 11. STATE ENERGY CONSERVATION PLAN
<br /> RECIPIENT shall comply with all mandatory standards and policies relating to energy efficiency
<br /> that are contained in the State energy conservation plan issued in compliance with the Energy Policy and
<br /> Conservation Act(42 U.S.C. § 6321).
<br /> 12. DEBARMENT
<br /> RECIPIENT certifies that neither it,nor any of its participants,principals or subcontractors is or
<br /> has been debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from
<br /> covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department.
<br /> 13. CLEAN AIR AND WATER POLLUTION ACTS
<br /> RECIPIENT agrees to comply with the applicable requirements of all standards, orders, or
<br /> requirements issued under the Clean Air Act(42 U.S.C. § 7501 et seq.),the Clean Water Act(33 U.S.C.
<br /> § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part
<br /> 15).
<br /> 14. LOBBYING
<br /> RECIPIENT agrees to comply with the restrictions on the use of federal funds for lobbying
<br /> activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
<br /> 15. INDEMNIFICATION
<br /> RECIPIENT shall indemnify and hold harmless MTC, Caltrans,their Commissioners, Directors,
<br /> officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or
<br /> liability(including any and all costs and expenses in connection therewith), incurred by reason of any
<br /> negligent or otherwise wrongful act or omission of RECIPIENT, its officers, directors, employees,
<br /> agents and contractors, or any of them, under or in connection with this Agreement; and RECIPIENT
<br /> agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal
<br /> proceedings brought or instituted against MTC, Caltrans,their Commissioners, Directors, officers,
<br /> agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any
<br /> resulting judgments.
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