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•z-orz~-o-sa <br />04/05/2010 <br />-ISIP L-X063(130) <br />SPECIAL COVENANTS OR REMARKS <br />Incorporated by reference in this Agreement. Implementation of <br />the DBE Implementation Agreement, including but not limited to <br />timely reporting of DBE commitments and utilization, is a legal <br />obligation and failure to carry out its terms shall be treated as <br />a violation of this Agreement. Upon notification to the <br />Administering Agency of its failure to carry out its DBE <br />Implementation Agreement, the State may impose sanctions as <br />provided for under 49 CFR Part 26 and may, in appropriate cases, <br />refer the matter for enforcement under 18 U.S.C. 1001 and/or the <br />Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et <br />seq.) . <br />7. As a condition for receiving federal-aid highway funds for the <br />PROJECT, the Administering Agency certifies that NO members of <br />the elected board, council, or other key decision makers are on <br />the Federal Government Excluded Parties List System (EPLS). <br />Program Supplement 12-5063R-N135- ISTEA <br />Page 4 of 4 <br />