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(2) The Recipient also acknowledges that if it makes a false, fictitious, or fraudulent <br /> claim, statement, submission, or certification to the Federal Government in <br /> connection with an urbanized area formula project finance with Federal Assistance <br /> authorized by 49 U.S.C. § 5307, the Government reserves the right to impose on <br /> the Recipient the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §5307 (n)(1), to the <br /> extent the Federal Govemment deems appropriate. <br /> Exclusionarv or Discriminatoâ–ºv Specifications <br /> Apart from inconsistent requirements imposed by Federal statute or regulations, the <br /> Recipient agrees that it will comply with the requirements of 49 U.S.C. § 5323 (h)(2) by <br /> refraining from using any Federal assistance awarded by FTA to support procurements using <br /> exclusionary or discriminatory specifications. <br /> ARTICLE VIII ' <br /> Entire Aqreement <br /> OWNER and ARCHITECT understand and agree that this AGREEMENT is the complete <br /> expression of the terms and conditions of a transaction between said parties, and any oral <br /> representations or understandings not incorporated herein are excluded. Further, any <br /> modification of this AGREEMENT shall be in writing and signed by both parties. Failure to <br /> comply with any of the provisions stated herein shall constitute material breach of contract and <br /> cause for termination. Both parties recognize time is of the essence in the performance of the <br /> provisions of this AGREEMENT. <br /> 15 of 16 <br />