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~ • <br />11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability <br />color, national origin or sex in the award and performance of any STATE assisted contract or ir~ <br />the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING: <br />AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nor' <br />discrimination in the award and administration of STATE assisted contracts. ADMINISTERING; <br />AGENCY'S DBE Race-Neutral Implementation Agreement is incorporated by reference in this <br />AGREEMENT. Implementation of this program is a legal obligation and failure to carry out it:: <br />terms shall be treated as a violation of this agreement. Upon notification to the recipient of it:: <br />failure. to carry out its approved DBE Race-Neutral Implementation Agreement, STATE may <br />impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer thE: <br />matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 198;: <br />(31 USC 3801 es seq.) <br />THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and al <br />federal grants, loans, agreements, property, discounts or other federal financial assistancE; <br />extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. <br />Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients <br />subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants <br />in the federal-aid Highway Program.. <br />Page 21 of 26 <br />