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

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a. Participant makes any misrepresentation of a material nature in its application for grants, or any amendment thereof, or in respect to any of the documents or data furnished by Participant pursuant to this Agreement, or in any submission of the Participant required by the Department in connection with grants hereunder; or b. Participant fails to retain records or to permit access to records as provided in Item 5 of this Agreement. Such written notice of withholding, delay or recall shall set forth in detail the nature of, and the facts supporting, such alleged misrepresentation or breach. Participant agrees that, upon receipt of such notice or recall , Participant shall inmediately return such payment, payments or portions thereof which Participant has received hereunder. It is agreed that in no event will the Participant be liable under this Agreement for an amount greater than grants received by the Participant hereunder. ITEM 17. ASSIGNMENT Participant agrees that this Agreement shall not be assigned or transferred without the written consent of the Department and that any successor to Participant's rights under this Agreement will be required to accede to all of the terms, conditions and requirements of this Agreement as a condition percedent to such succession. ITEM 18. AMENDMENT The Parties agree that no change or modification to this Agreement shall be of any force or effect unless the amendment is dated and is reduced to writing executed by both parties. No cost or obligations shall be incurred in consequence of any amendment to this Agreement unless and until such a written amendment has been executed. ITEM 19. SEVERABILITY The Parties agree that if any provisions of this Agreement shall be held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remaining