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11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, <br />color, national origin or sex in the award and performance of any STATE assisted contract or in <br />the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING <br />AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- <br />discrimination in the award and administration of STATE assisted contracts. ADMINISTERING <br />AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. <br />Implementation of this program is a legal obligation and failure to carry out its terms shall be <br />treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out <br />its approved DBE Implementation Agreement, STATE may impose sanctions as provided for <br />under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 <br />USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.) <br />THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all <br />federal grants, loans, agreements, property, discounts or other federal financial assistance <br />extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. <br />Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, <br />subgrantees, applicants, sub -applicants, transferees, successors in interest and other participants <br />in the federal -aid Highway Program. <br />Page 21 of 26 <br />