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sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of <br />September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise <br />provided by law. <br />(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) <br />and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless <br />exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section <br />204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding <br />upon each subcontractor or vendor. The contractor will take such action with respect to any <br />subcontract or purchase order as the administering agency may direct as a means of enforcing <br />such provisions, including sanctions for noncompliance: <br />Provided, however, that in the event a contractor becomes involved in, or is threatened with, <br />litigation with a subcontractor or vendor as a result of such direction by the administering <br />agency, the contractor may request the United States to enter into such litigation to protect the <br />interests of the United States. <br />The applicant further agrees that it will be bound by the above equal opportunity clause with <br />respect to its own employment practices when it participates in federally assisted construction <br />work: Provided, that if the applicant so participating is a state or local government, the above <br />equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such <br />government which does not participate in work on or under the contract. <br />The applicant agrees that it will assist and cooperate actively with the administering agency and <br />the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the <br />equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of <br />Labor, that it will furnish the administering agency and the Secretary of Labor such information <br />as they may require for the supervision of such compliance, and that it will otherwise assist the <br />administering agency in the discharge of the agency's primary responsibility for securing <br />compliance. <br />The applicant further agrees that it will refrain from entering into any contract or contract <br />modification subject to Executive Order 11246 of September 24, 1965, with a contractor <br />debarred from, or who has not demonstrated eligibility for, Government contracts and federally <br />assisted construction contracts pursuant to the Executive Order and will carry out such sanctions <br />and penalties for violation of the equal opportunity clause as may be imposed upon contractors <br />and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, <br />Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to <br />comply with these undertakings, the administering agency may take any or all of the following <br />actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, <br />guarantee); refrain from extending any further assistance to the applicant under the program <br />with respect to which the failure or refund occurred until satisfactory assurance of future <br />compliance has been received from such applicant; and refer the case to the Department of <br />Justice for appropriate legal proceedings." <br />18 <br />