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� � 4 ^ <br /> � • ' SECTION 12. In the event that delays or difficulties arise in securing necessary federal or <br /> state approvals, or in acquiring rights-of way, or in settling damage claims, or for any other cause <br /> which in the opinion of the STATE render it impracticable to proceed with the construction of the <br /> project, then at any time before construction is started, the STATE may serve formal notice of <br /> cancellation upon the COMPANY and this agreement shall thereupon terminate. In the event of <br /> cancellation, the STATE shall reimburse the COMPANY for all eligible cost and expense incurred <br /> by the COMPANY prior to receipt of notice of cancellation and payment by the STATE. <br /> SECTION 13. The COMPANY'S authorized representative certifies that to the best of his <br /> knowledge the COMPANY and/or any subcontractor used by the COMPANY has not been <br /> convicted of bribery or attempting to bribe any officer or employee of the STATE OF ILLINOIS, <br /> nor has the COMPANY and/or subcontractor made an admission of guilt of such conduct which <br /> is a matter of record. <br /> SECTION 14. It is the policy of the U.S. Department of Transportation that minority <br /> business enterprises, as defined in 49 Code of Federal Regulations (CFR) Part 23, shall have <br /> the maximum opportunity to participate in the performance of agreements financed in whole or in <br /> part with Federal funds. Consequently, the minority business enterprises of 49 CFR Part 23 <br /> apply to this agreement. <br /> The COMPANY agrees to ensure that minority business enterprises, as defined in 49 CFR <br /> Part 23, have the maximum opportunity to participate in the perFormance of this agreement. In <br /> this regard, the COMPANY shall take all necessary and reasonable steps, in accordance with 49 <br /> CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to <br /> compete for and perform portions of this agreement. The COMPANY shall not discriminate on <br /> the basis of race, color, national origin or sex in the selection and retention of contractors, <br /> including procurement of materials and leases of equipment. <br /> The COMPANY shall include this provision in every subagreement, including procurement <br /> of materials and leases of equipment. <br /> Failure to carry out the requirements set forth above shall constitute a breach of agreement <br /> and may result in termination of the agreement or such remedy as deemed appropriate. <br /> 5 <br />