R89-74 AUTHORIZING THE EXECUTION OF A DOWNSTATE OPERATING ASSISTANCE AGREEMENT FOR MASS TRANSIT FOR FY '90

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f ' t have unlimited access to all the various records and data as referred to in this Item, and, except as otherwise approved by the Department, the Participant agrees to preserve those records and data for a period of three (3) years after final audit by the Department. ITEM 8. PARTICIPANT WARRANTIES Participant warrants that it has taken all corporate actions necessary to authorize it to enter into this Agreement. Participant warrants that there is no provision of its charter, and to its knowledge no law, ordinance or regulation, which prohibits Participant from entering into and performing this Agreement or which renders unenforceable against Participant any provi si on of thi s Agreement. Upon executi on of thi s Agreement, Participant will deliver to the Department an opinion of counsel , acceptable to the Department, that this Agreement is legally binding upon Participant and shall furnish the Department a certified copy of a resolution authorizing the execution of this Agreement. ITEM 9. INDEPENDENCE OF PARTICIPANT The Participant agrees that none of its officers, employees or agents, by reason of this Agreement or grants made hereunder, is or was authorized to hold themselves out or claim to be officers, empl oyees or agents of the State, and that none of them is to be permitted by the Participant, by reason of this Agreement or the grants hereunder, to make any claim, demand or application to or for any right or privileges concerning workmen's compensation and occupational diseases coverage, unemployment compensation benefits, Social Security coverage or retirement membership or credit. ITEM 10. INSPECTION The Participant agrees that the Department may, at reasonable times, conduct such inspections or examinations of Participant's public transportation service as, in the judgement