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<br />AGREEMENT NO. C-9-0823 <br /> <br />Agreement. CITY's failure to comply shall constitute a material breach of contract. <br />2 ARTICLE 13. NO GOVERNMENT OBLIGATION TO THIRD PARTIES <br />3 AUTHORITY and CITY acknowledge and agree that, notwithstanding any concurrence by <br />4 the Federal Government in or approval of the solicitation or award of the underlying Agreement, <br />5 absent the express written consent by the Federal Government, the Federal Government is not a <br />6 party to this Agreement and shall not be subject to any obligations or liabilities to the AUTHORITY, <br />7 CITY, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting <br />8 from the underlying Agreement. CITY agrees to include these requirements in all of its <br />9 subcontracts. <br />10 ARTICLE 14. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND <br />11 RELATED ACTs <br />12 A. CITY acknowledges that the provisions of the Program Fraud Civil Remedies Act of <br />13 1986, as amended, 31 U.S.C. 993801 et seq. and U.S. DOT regulations, "Program Fraud Civil <br />14 Remedies/' 49 C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing <br />]5 this Agreement, CITY certifies or affirms the truthfulness and accuracy of any statement it has made, <br />]6 it makes, it may make, or causes to be made, pertaining to the underlying Agreement of the FTA <br />17 assisted project for which this Agreement's work is being performed. CITY also acknowledges that if <br />18 it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or <br />19 certification, the Federal Government reserves the right to impose penalties of the Program Fraud <br />20 Civil Remedies Act of 1986 on the CITY to the extent the Federal Government deems appropriate. <br />21 B. CITY also acknowledges that if it makes, or causes to be made, a false, fictitious, or <br />22 fraudulent claim, statement, submission, or certification to the Federal Government under an <br />23 agreement connected with a project that is financed in whole or part with Federal assistance <br />24 awarded by FTA under the authority of 49 U.S.C. 95316/5317 et seq., the Government reserves the <br />25 right to impose the penalties of 18 U.S.C. 91001 and 49 U.S.C. 95316/5317(n) (1) et seq. on the <br />26 CITY, to the extent the Federal Government deems appropriate. CITY agrees to include this <br />Page 9 of 12 <br />