R2002-95 AUTHORIZING AN AGREEMENT

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r f D. Changed Conditions Affecting PerFormance-The Grantee shall immediateiy notify the Department of any change in conditions or local law,or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. E. No Govemment Obligations to Third Parties-The Department and FTA shall not be subject to any obligations or liabilities by,through,or to contractors of the Grantee or their subcontractors,or to any other person not a parry to this Agreement,in connection with the performance of this Project,without its express written consent,notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. Grantee agrees to inGude this clause in each contract and subcontract financed in whole or in part with federal or state assistance. F. Illinois Law- Notwithstanding federal preemption,this Agreement shall be construed in accordance with the laws of the State of Illinois. G. Grantee's Responsibiliry for Compliance- IRespective of the participation of other parties or third party contractors in conneCtion with the Project,the Grantee shall continue to have primary responsibility to the Department and FTA for compliance with all federal and state requirements published in statutes,regulations,executive orders, and/or Master Agreements or the Grant Agreement for this Project. ITEM 8-CONTINUANCE OF SERVICE The Grantee agrees to use its best efforts to continue to provide,either directly or by contract,as the case may be, the service for which these Project Facilities are being acquired or constructed,as such service(s)is described in the Grantee's final,approved application. No reduction or termination of such service shall be made without compliance with all applicable statutory and regulatory provisions. At Ieast 30 days prior to(a)any reduction or termination of ;. such service or(b)the filing of a request for such reduction or termination with the appropriate regulatory agency, whichever comes first,the Grantee shall give written notice of the proposed action(or shall require the operator of such service to give such notice)to the Department and all units of local govemment within the.Grantee's service area. - ITEM 9-REAL PROPERTY,ECIUIPMENT AND SUPPLIES Unless otherwise approved by the Department,the following conditions apply to Project Facilities financed under this agreement: A. Use Of Project Facilities The Grantee agrees that the Project Facilities will be used for the provision of mass transportation senrice within the Grantee's service area substantially in the manner described in the Grantee's final,approved application. Project Facilities may be used for incidental charter or sight-seeing services when not needed for mass transportation service operations. Such Project Facilities shall be used for(a)a period of twenty(20)years from the completion of the Project,or(b)the period of the useful life of such Project Facilities as determined in accordance with generally accepted accounting principles and Department guidelines,whichever period of time is less. tf,during such period, such Project Facilities are not used for the Project as required by the tertris of this Agreement,or are sold or othervvise disposed of,or are withdrawn from mass transportation service at the initiative of the Grantee,the Grantee shall immediately notify the Department,and shall at the DepartmenYs discretion and as provided in Department guidelines, remit to the State a proportional amount of the fair market value,if any,of such Project Facilities. If the Project Facilities inGude commute�parking,the Parties agree that users of the commuter parking facilities funded by this Grant may be charged a fee for the use of such faalities,but the amount of such fee shall be so established to meet reasonable maintenance and operatiFlg expenses,and to establish a sinking fund to cover major rehabilitation,or for other transit related purposes as approved by the Department in writing. The Project Facilities shall be equalty State/Federal Caprtal Grant pa8e �