R90-105 AUTHORIZING A DOWNSTATE OPERATING ASSISTANCE AGREEMENT

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; ITEM 18. SCHOOL BUS OPERATIONS '' P rohibition of school bus operations. The Participant agrees not to engage in school bus operations exclusively for the transportation of students and school bus personnel in competition with private school bus operators where such private school bus operators are able to provide adequate transportation at reasonable rates, in conformance with applicable safety standards, provided I that this requirement shall not apply to a participant which operates a school sy stem in the area to be served and operates a ' separate and exclusive school bus program for the school system ', (I11 . Rev. Stat. ch. 127, para. 49.19(6) . The Participant shall submit to the Department a certification, attached as Appendix A, that it is not engaged in school bus operations in violation of I11 . � Rev. Stat, ch . 127, para. 49.19(6). 'I ITEM 19. BREACH OF CONTRACT; WI1}IHOLDING OF GRANT FUNDS ' 19.01 . Wi thholding or del ay nf pa�yment. Upon the occurrence , of any condition or conditions listed in this ITEM, the Parties ', agree that the Department, by written notice to the Participant, may I elect to withhold or delay payment as provided in the Project Budget, or any portion thereof; or, if payment or payments have already been made, to recall such payment or payments or any portion thereof. The Participant agrees that upon receipt of such notice of recall the Participant shall immediately return such State Grant payment or payments, or any portion thereof, which the Participant has received pursuant hereto. 19.02. Remedies available to the Department. The foregoing remedies shall become available to the Department if: A. There is any misrepresentation of a material fact in the Participant's Application, or amendment thereof, or in respect to this Agreement or any document or date furnished pursuant hereto, or any other submission of the Participant required by the Department in connection with the Grant; 16