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notify the City's Representative, in writing and seek modifications. No extension of time shall be accepted unless it is evidenced in a writing executed by each Party's Representative. c. Notice to Proceed. Consultant acknowledges and agrees that this project will be funded through Federal funds, and that said funding is contingent on approval of the Project by the Federal Transit Administration (FTA), and FTA allocation of funds to the Project. Further, said funds are provided through the Orange County Transportation Authority on a pass-through basis. Consultant shall not commence services until it receives a written Notice to Proceed (NTP) executed by the Executive Director of Public Works. Said NTP is contingent on 1) City's receipt of FTA approval of the Project and appropriation of FTA funds for completion of the Santa Ana -Garden Grove Fixed Guideway Project Pre - Preliminary Engineering Analysis or 2) allocation of alternative funds by the Orange County Transportation Agency, in an amount to fully fund the Project. If the FTA does not authorize funding for said Project, and OCTA does not provide alternative funds, the City may terminate this Agreement, as set forth in Section 16, below. d. Consultant acknowledges that the project will be funded in part through funds administered by the Federal Transit Administration and the Orange County Transportation Authority and agrees to comply with all federal requirements as set forth in Exhibit D. 2. REPRESENTATIVES a. For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be Catherine Higley or her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. b. Consultant shall assign the appropriate key personnel to perform the services required by this Agreement, as set forth in Consultant's Proposal. Consultant shall maintain the Project Manager identified in its Proposal, and approved by the City. 3. OWNERSHIP OF REPORTS AND DOCUMENTS a. The originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City.. Copies may be made for Consultant's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. b. All ideas, memoranda, specifications, plans, manufacturing, procedures, drawings, descriptions, and all other written information submitted to Consultant in connection with the performance of this Agreement shall not, without prior written approval of City, be used for any purposes other than the performance under this Agreement, nor be disclosed to an entity not connected with the performance of the project. Consultant shall comply with City's policies regarding such material. c. No copies, sketches, computer graphics or graphs, including graphic artwork, are to be released by Consultant to any other person or agency except after prior written approval by City, except as necessary for the performance of services under this Agreement. All press releases, including graphic display information to be published in newspapers, magazines, etc., are to be handled only by City unless otherwise agreed to by Consultant and City. FA