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I � <br /> � � 1 <br /> DEPARTMENT OF TRANSPORTATION <br /> URBAN MASS TRA'�SPORTATION ADMINISTRATION <br /> AGREEMENT <br /> PART II - TERMS AND CONDITIONS <br /> Constituting part of the AGREEMENT providing for <br /> � Federal financial assistance under the provisions of <br /> the Urban Mass Transportation Act of 1964 , as amended, <br /> 49 U.S.C. app. §§ 1601 et se . , and/or title 23 , <br /> U.S.C. (Highways) . <br /> Section 101. Definitions. As used in this Agreement: <br /> a. �ctreement means any Gr;nt Agreement or Cooperative Agreement. <br /> b. Application means the signed and dated proposal as may be <br /> amended for Federal financial assistance for the Project, together <br /> with all explanatory, supporting, and supplementary documents <br /> heretofore filed with and accepted and approved by the Government <br /> (UMTA) by or on behalf of the Recipient. <br /> c. Approval, Authorization, Concurrence. Waiver means a conscious <br /> written act by an authorized official of the Government granting <br /> permission to the Recipient to perform or omit an action pursuant <br /> to this Agreement, which action may not be performed or omittec� <br /> without such permission. An approval, authorization, concurrence, <br /> or waiver permitting the performance or omission of a specific <br /> action shall not constitute permission to perform or omit other <br /> similar actions unless such permission is clearly stated. Oral <br /> penaission or interpretations have no legal force or effect. <br /> d. UMTA Directive includes the most recent circulars, notices, <br /> and orders that present information about UMTA programs, <br /> application processing procedures, and guidance for administering <br /> , approved Projects; there are also Department of Transportation <br /> directives that may be applicable to the Project. <br /> e. Government means the United States of America, or its <br /> � cognizant agency, the Department of Transportation (DOT) , or <br /> its operating administration, the Urban Mass Transportation <br /> Administration (UMTA) , used hereafter interchangeably. <br /> f. Mass Transportation includes public transportation and I <br /> means transportation by bus, rail or other conveyance, either <br /> publicly or privately owned, that provides general or special <br /> transportation service (but not including sch�ol bus, charter or <br /> sightseeing service) to the public on a regular �nd continuing <br /> basis. <br /> Page 1 <br />