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County: St. Louis City: University City E'roject: STP-5400(641 ) 2. Cancellation, termination or suspension of the agreement, in whole or in part, or both. (H) incorporation of Provisions: CITY shall include the provisions of paragraph (6) of this agreement in every subcontract, including procuremerits or materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by Commission or the U.S. Department of Transportation. CITY will take such action with respect to any subcontract or procurement as Commission or the U.S. Department of Transportation may direct as means or enforcing such provision, including sanctions for noncompliance; provided that in the event CITY becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, CITY may request the United States to enter into such litigation to protect the interests of the United States. (7) ASSIGNMENT: CITY shall not assign or delegate any interest in the agreement and shall not transfer any interest in the a reement, whether by assignment or novation, without the prior written consent o~]the Commission. (8) LAW OF MISSOURI TO GOVERN: This agreement shall be construed according to the laws of the state of Missouri. CITY shall comply with all state and federal laws and regulations relating to the performance of the agreement. (9) CANCELLATION: Commission may cancel the agreement at any time for a material breach of contractual obligations by providing CITY with a written notice of cancellation. Should Commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to CITY. (10) AUDIT OF RECORDS: CITY must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to Commission and/or its designees or representatives and to the Federal Highway Administration ("FHWA") during the contract period and any extension thereof, and for three (3) years from the date of final payment made under this agreement, (11) ACQUISITION OF RIGHT OF WAY: .- No acquisition of additional right-of-way is anticipated in connection with Project STP-5400(641) or contemplated by this agreement. (12) MAINTENANCE OF DEVELOPMENT: CITY shall maintain the herein contemplated improvements without any cost or expense to the Commission. maintenance by CITY shall be done for the safety of the general public and the esthetics of the area. tf CiTY fails to maintain the herein contemplated improvements, the Commission or its representatives, at Commission's sole discretion shall notify in writing CITY of CITY'S failure to maintain the improvement, If CITY continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on Commission right-of-way. Any removal by Commission shall be at the sole cost and expense of CITY. -3-