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DocuSign Envelope ID:3EC52891-FE1A-4181-9C9B-6ADF674328A7 MTC/City of Pleasanton Innovative Deployments to Enhance Arterials(IDEA)Category 1 Page 9 documentation, documentation or system architecture, and any other documents, materials, data, and products ("Work Products")developed,prepared, or assembled by Recipient or Recipient's consultant(s)or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a third party,without the approval of Recipient or Recipient's consultant(s)or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce,publish or otherwise use, and to authorize others to use, for federal government purposes: (a)the copyright in any work developed under this Agreement; and(b)any rights of copyright to which Recipient or Recipient's consultant(s)or subconsultants purchase ownership under this Agreement. 6. EQUAL EMPLOYMENT OPPORTUNITY Recipient agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project,with all equal employment opportunity(EEO) requirements of Title VI of the Civil Rights Act, as amended(42 U.S.C. Section 2000d); Title VII of the Civil Rights Act of 1964, as amended(42 U.S.C. Section 2000e); Section 303 of the Age Discrimination Act of 1975, as amended(42 U.S.C. Section 6102); Section 202 of the Americans with Disabilities Act of 1990(42 U.S.C. Section 12132); and 49 U.S.C. 5332 and any implementing requirements FHWA may issue. Recipient agrees,and assures that any third party contractor or subrecipient at any tier of this Project will agree,that it will not, on the grounds of race, religious creed,color, national origin, age,physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment. 7. DISADVANTAGED BUSINESS ENTERPRISES (DBE) It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC's procurement and professional services activities. Recipient shall not discriminate on the basis of race, color,national origin or sex in the performance of this Agreement. Recipient shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Recipient to carry out these requirements is a material breach of contract,which may result in the termination of this agreement or such other remedy as MTC deems appropriate. 8. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Recipient agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project,with all the requirements imposed by Title VI of the Civil Rights Act of 1964, as amended, (47 U.S.C. § 2000d et seq.) and the regulations of the Department of Transportation issued thereunder, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act," (49 CFR Part 21). 9. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES Recipient agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990(ADA),42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of