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H ; nUt Curr` CrRTIFICATION ON LAST PAGE J . K . BARTON , CLERK 725-030-06 PUBLIC TRANSPORTATION sill 13 .40 Americans with Disabilities Act of 1990 (ADA) : Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U . S . C . 12102, et seq .), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto . 13.50 Prohibited Interests : The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's , director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officers , director's or employee's spouse or child , or any combination of them , has a material interest. "Material Interest' means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency . 13 .60 Interest of Members of, or Delegates to, Congress : No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom . 14.00 Miscellaneous Provisions : 14.10 Environmental Pollution : Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits . The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations , including the securing of any applicable permits , and will reimburse the Department for any loss incurred in connection therewith . 14. 20 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived : In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency , and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default 14.40 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected . In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission : By execution of the Agreement the Agency represents that it has not paid and , also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided , that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Page 10 of 14