286-25 FY24_Terms-Conditions.pdf

8 of 33 recipient’s jurisdiction, to ensure that infrastructure completed or improved under this agreement will be operated and maintained in compliance with this agreement and applicable Federal law; and (6) the individual executing this agreement on behalf of the Recipient has authority to enter this agreement and make the statements in this article 9 and in section 0 on behalf of the Recipient. 9.3 USDOT Reliance. The Recipient acknowledges that: (1) the USDOT relied on statements of fact in the Grant Application to select the Project to receive this award; (2) the USDOT relied on statements of fact in both the Grant Application and this agreement to determine that the Recipient and the Project are eligible under the terms of the NOFO; (3) the USDOT relied on statements of fact in both the Grant Application and this agreement to establish the terms of this agreement; and (4) the USDOT’s selection of the Project to receive this award prevented awards under the NOFO to other eligible applicants. 9.4 Project Delivery. (a) The Recipient shall complete the Project under the terms of this agreement. (b) The Recipient shall ensure that the Project is financed, constructed, operated, and maintained in accordance with all applicable Federal laws, regulations, and policies. (c) The Recipient shall provide any certifications or assurances deemed necessary by the USDOT in ensuring the Recipient’s compliance with all applicable laws, regulations, and policies. (d) The Recipient shall provide access to records as provided at 2 C.F.R. 200.337. 9.5 Rights and Powers Affecting the Project. (a) The Recipient shall not take or permit any action that deprives it of any rights or powers necessary to the Recipient’s performance under this agreement without written approval of the USDOT. (b) The Recipient shall act, in a manner acceptable to the USDOT, promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with the Recipient’s performance under this agreement.