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2009-326
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2009-184
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725-030-06 <br /> PUBLIC TRANSPORTATION <br /> 06107 <br /> 13 .50 Prohibited Interests : The Agency shall not enter into a contract or arrangement in connection with the project <br /> or any property included or planned to be included in the project, with any officer, director or employee of the Agency , or <br /> any business entity of which the officer, director or employee or the officer's , director's or employee's spouse or child is an <br /> officer, partner , director, or proprietor or in which such officer , director or employee or the officer's, director's or employee's <br /> spouse or child , or any combination of them , has a material interest. <br /> "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any <br /> business entity . <br /> The Agency shall not enter into any contract or arrangement in connection with the project or any property included or <br /> planned to be included in the project , with any person or entity who was represented before the Agency by any person <br /> who at any time during the immediately preceding two years was an officer, director or employee of the Agency . <br /> The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal <br /> depositories , any agreement for utility services the rates for which are fixed or controlled by the government , or any <br /> agreement between the Agency and an agency of state government. <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 /> 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 /> Page 10 0( 14 <br />
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