R97-15 AUTHORIZING THE EXECUTION OF STATE/FEDERAL CAPITAL ASSISTANCE GRANT

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, � significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. E. No Government Obligations to Third Parties -The Department and FTA shall not be subject to any obligations or liabilities by contractors of the Grantee or their subcontractors or any other person not a party to this contract in connection with the performance of this Project pursuant to the provisions of this Agreement without its specific written consent. Grantee agrees to include this clause in each contract and subcontract financed in whole or in part with federal assets by FTA. It is further agreed that this clause shall not be modified, except to identify the subcontractor who will be subject to this provision. E. Illinois Law - Notwithstanding federal preemption, this Agreement shall be construed in accordance with the laws of the State of Illinois. F. rrantee's Responsibility for Com li�- Irrespective of the participation of other parties or third party contractors, the Grantee continues to remain primari�y responsible to the Department and FTA for compliance with all federal 8 state requirements published in statutes, regulations, executive orders, Master Agreements or Grant Agreements for this Project. ITEM 7 - 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 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 least 30 days prior to (a) any reduction or termination of r rmination with the a ro riate filin of a re uest for such reduction o te p such service or (b) the g q pP h Grantee shall ive written notice of the ro osed r ulator a enc whichever comes first, t e g P P e9 Y 9 Y, � action (or shall require the operator of such service to give such notice) to the Department and all units of local government within the Grantee's service area. ITEM 8 - REAL PROPERTY, EQUIPMENT 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 service within the Grantee's service area substantially as 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. If, during such period, such Project Facilities are not used in this manner or sold, or otherwise disposed of or withdrawn from mass transportation service at the initiative of the Grantee, the Grantee shall immediately notify the Department, and shall at the Department's 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. State/Federal Capital Grant page i