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Form TDC o01 Rev. tt1 M depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Agency and any of its contractors or their sub- contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Agency agrees that no funds shall be used to rent, lease or barter any real property that Is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or Improvement of equipment, shall show that such equipment is equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission 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 Commission of any payment to the Agency constitute or be construed' as a waiver by the Commission 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 Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: if any provision of this Agreement is held invalid, the provision shall be severable and 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 Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Agency to the end that the Agency may proceed as soon as possible with the Project. 14.70 Maintenance of Purchased Equipment: The Agency agrees to maintain the purchased Project equipment in good working order for the useful life of said equipment. The Agency agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project equipment is not allowed unless approved in writing by the Commission. 14.71 Utilization: The Agency agrees to assure that all Project equipment, whether leased or.purchased, is utilized to meet the identified transportation needs of the non -sponsored and in support of the service plan established under the provisions of Rule 41-2, FAC to serve the transportation needs of the transportation disadvantaged of the area. Leased and purchased Project equipment shall be operated to its maximum possible efficiency. Purchased equipment will be used for the period of the useful life of such equipment in accordance with the most current Commission policies. The Commission may, after consultation with the Agency, relocate purchased equipment that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement