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U.S.Department of Transportation <br /> `/ Federal Railroad Administration <br /> (d) it has the capacity, including legal, technical, institutional, managerial, and financial <br /> capacity,to comply with its obligations under this Agreement and complete the Project; <br /> (e) the Non-Federal Funds listed in Article 6 of Attachment 2 of this Agreement are <br /> committed to fund the Project; <br /> (f) it has sufficient funds available to ensure that equipment and infrastructure funded <br /> under this Agreement will be operated and maintained in compliance with this Agreement <br /> and applicable Federal law; <br /> (g) it has sufficient funds available to ensure that operations funded under this agreement <br /> are conducted in compliance with this Agreement and applicable Federal law; and <br /> (h) the individual executing this agreement on behalf of the Recipient has the legal <br /> authority to enter this Agreement and make the statements and certifications in this <br /> Agreement on behalf of the Recipient. <br /> 3.3 FRA Reliance <br /> The Recipient acknowledges that: <br /> (a) FRA relied on statements of fact in the Application and SAM.gov to select the Project <br /> to receive this award; <br /> (b) FRA relied on statements of fact in the Application,SAM.gov, and this Agreement to <br /> determine that the Recipient and the Project are eligible to receive financial assistance <br /> under this Agreement; <br /> (c) FRA relied on statements of fact in the Application,SAM.gov, and this Agreement to <br /> determine that the Recipient has the legal authority to implement the Project; and <br /> (d) FRA relied on statements of fact in both the Application and this Agreement to <br /> establish the terms of this Agreement; and <br /> (e) FRA's selection of the Project to receive this award may have prevented awards to <br /> other eligible applicants. <br /> 3.4 Project Delivery <br /> (a) The Recipient will implement and complete the Project to FRA's satisfaction under the <br /> terms of this Agreement. <br /> (b) The Recipient will ensure that the Project is financed, constructed, operated, and <br /> maintained in accordance with all applicable Federal laws, regulations, and policies. <br /> 3.5 Rights and Powers Affecting the Project <br /> (a) The Recipient will not take or permit any action that deprives it of any rights or powers <br /> necessary to the Recipient's performance under this Agreement without written approval <br /> of FRA. <br /> 10 <br />