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725-030-06 <br /> PUBLIC TRANSPORTATION <br /> 01/06 <br /> Pape 7 of 11 <br /> 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into <br /> any contract, subcontract, or arrangement in connection with the project or any property included or planned to be <br /> included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years <br /> thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily <br /> acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately <br /> disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this <br /> subsection: Provided, that any such present member, officer or employee shall not participate in any action by the <br /> Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in <br /> connection with the project or any property included or planned to be.included in any.project, and shall require its <br /> contractors to insert in each of their subcontracts, the following provision: <br /> "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have <br /> any interest, direct or indirect, in this contract or the proceeds thereof." <br /> The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal <br /> depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental <br /> agency. <br /> 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the <br /> United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. <br /> 13.70 The Agency agrees to report any grievances filed under this section to the Department within 30 days of <br /> receipt of the Agreement. <br /> 14.00 Miscellaneous Provisions: <br /> 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the <br /> Agency that the project will be carried out in conformance with all applicable environmental regulations including the <br /> securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance <br /> with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the <br /> Department for any loss incurred in connection therewith. <br /> 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder <br /> to any party other than the Agency. <br /> 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any <br /> payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any <br /> default which may then exist, on the part of the Agency, and the making of such payment by the Department while any <br /> such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with <br /> respect to such breach or default. <br /> 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is <br /> held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then <br /> continue to conform to the terms and requirements of applicable law. <br /> 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, <br /> also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the <br /> financing hereunder. <br /> 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce <br /> compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State <br /> law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify <br /> the Department in writing in order that appropriate changes and modifications may be made by the Department and the <br /> Agency to the end that the Agency may proceed as soon as possible with the project. <br />