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carried out under the Agreement; provided that such incorporated material is <br /> identified by the Grantee at the time of delivery of such work. <br /> 7. Unless the Government determines otherwise, the Grantee agrees to include the <br /> requirements of subparagraphs (B)(1) through (B)(6) of this ITEM in its third party - <br /> contracts for planning, research, development, or demonstration under this Project. <br /> ITEM 32 -AMENDMENT <br /> Except as provided in the PROJECT BUDGET ITEM, the Parties agree that no change or <br /> modification to this Agreement, or any Exhibits or Attachments hereto, shall be of any force or <br /> effect unless the amendment is dated, reduced to writing, executed by both parties, and <br /> attached to and made a part of this Agreement. No work shall be commenced and no costs or <br /> obligations shall be incurred in consequence of any amendment to this Agreement or any <br /> attachments hereto unless and until such amendment has been executed and made a part of <br /> this Agreement and the Approved Project Budget has been amended to conform thereto. <br /> ITEM 33 -TITLES <br /> The Parties agree that the titles of the items of this Agreement, hereinabove set forth, are <br /> inserted for convenience of identification only and shall not be considered for any other <br /> purpose. <br /> ITEM 34 - SCHOOL BUS AND CHARTER SERVICES OPERATIONS <br /> A. School Bus Operations- Pursuant to 20 ILCS 2705/49.19 (6), 69 U.S.C. § 5323(fl, and 49 <br /> CFR 605, and as a condition of receiving grant monies from the Department, the Grantee <br /> . certifies, by signing this Agreement, that it is not engaged in school bus operations <br /> exclusively for the transportation of students and school bus personnel in competition with <br /> private school bus operators where such private school bus operators are available to <br /> provide adequate transportation at reasonable rates in conformance with applicable safety <br /> standards. If the Grantee does engage in school bus operations exclusively for the <br /> transportation of students and school bu� personnel as described above, then the Grantee <br /> certifies that it operates a school system in the area to be served thereby and operates a <br /> separate and excfusive school bus program for the school system. The Grantee further <br /> agrees and ce�tifies that it shall immediately notify the Department in writing of its <br /> involvement in or its intention to become involved in any school bus operation prohibited by <br /> Section 49.19 (6) after the date of this certification and this Agreement. <br /> B. Charter Bus Operations - Neither the Grantee nor any transit operator performing work in <br /> connection with this Project shall engage in charter service operations, except as <br /> permitted by 49 U.S.C. §5323(d) and FTA regulations "Charter Service," 49 CFR §604. <br /> Any charter service agreement entered into under these regulations is incorporated into <br /> this Agreement by reference. <br /> The Grantee agrees not to engage in either school bus or charter operations, and has further <br /> signed the certification attached hereto as part of Exhibit"C". . <br /> ITEM 35 - CONSTRUCTION CONTRACTS <br /> If construction contracts are to be implemented using assistance from this Agreement, the <br /> following addi�ional proyisions apply to the Grantee and Grantee's third party construction <br /> ' contracts: ' <br /> State/Federa!Capital Grant page 29 <br />� _ _ — - --- <br />