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(2) The Recipient shall assure that each nonexempt prime <br /> contractor and subcontractor shall include in each nonexempt <br /> contract the requirements of Subsection 115.a. (1) (a) through (g) <br /> of Part II of this Agreement. <br /> (3) The Recipient further agrees that it will be bound by <br /> this equal opportunity clause with respect to its own employment <br /> practices when it participates in federally assisted construction <br /> � work; provided that if the Recipient so participating is a State <br /> or local government, this equal opportunity clause does not apply <br /> " to any agency, instrumentality or subdivision of such government <br /> . that does not participate in work under the Agreement. <br /> " (4) The Recipient agrees that it will assist and cooperate <br /> actively with UMTA and the Secretary of Labor in obtaining the <br /> compliance of contractors and subcontractors with the equal <br /> opportunity clause and the rules, regulations, and relevant orders <br /> of the Secretary of Labor; that it will provide UMTA and the <br /> Secretary of Labor such information as they may require for the <br /> supervision of such compliance; and that it will otherwise assist <br /> UMTA in discharging its primary responsibility for securing <br /> compliance. <br /> (5) The Recipient further agrees that it will refrain from <br /> entering into any contract or contract modification subject to <br /> Executive Order 11246 of September 24, 1965, as amended, with any <br /> contractor that is debarred from or has not demonstrated <br /> eligibility for Government contracts and federally assisted <br /> construction contracts pursuant to the Executive Order; and will <br /> carry out such sanctions and penalties for violation of the equal <br /> opportunity clause as may be imposed upon contractors and <br /> subcontractors by UMTA or the Secretary of Labor pursuant to <br /> Part II, Subpart D of the Executive Order. In addition, the <br /> Recipient agrees that if it fails or refuses to comply with these <br /> undertakings, UMTA may take any or all of the following actions: <br /> Cancel, terminate, or suspend in whole or in part this Agreement; <br /> refrain from extending any further assistance to the Recipient <br /> under the program with respect to which the failure or refusal <br /> occurred until satisfactory assurance of future compliance has <br /> been received from such Recipient; and refer the case to the <br /> Department of Justice for appropriate legal proceedings. <br /> b. Specifications. The Recipient hereby agrees that it <br /> will incorporate or cause to be incorporated the specifications <br /> set forth below into all Federal or federally assisted <br /> construction contracts, or modifications thereof, in excess of <br /> $10, 000 to be performed in geographical areas designated b� the <br /> Director, Office of Federal Contract Compliance Programs of the <br /> Department of Labor pursuant to the the regulations of the <br /> Secretary of Labor at 41 C.F.R. § 60-4 . 3 and in construction <br /> subcontracts in excess of $10, 000 necessary in whole or in part <br /> to the performance of nonconstruction Federal contracts and <br /> subcontracts covered under Executive Order 11246: <br /> Page 19 <br />