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its facilities as may be determined by the Commission or the United States Department <br />of Transportation to be necessary to ascertain compliance with other contracts, orders <br />and instructions. Where any information required of the City is in the exclusive <br />possession of another who fails or refuses to furnish this information, the City shall so <br />certify to the Commission or the United States Department of Transportation as <br />appropriate and shall set forth what efforts it has made to obtain the information. <br /> <br /> (G) Sanctions for Noncompliance: In the event the City fails to comply <br />with the nondiscrimination provisions of this Agreement, the Commission shall impose <br />such contract sanctions as it or the United States Department of Transportation may <br />determine to be appropriate, including but not limited to: <br /> <br />complies; and/or <br /> <br />Withholding of payments under this Agreement until the City <br /> <br /> 2. Cancellation, termination or suspension of this Agreement, in <br />whole or in part, or both. <br /> <br /> (H) Incorporation of Provisions: The City shall include the provisions of <br />paragraph (26) of this Agreement in every subcontract, including procurements of <br />materials and leases of equipment, unless exempted by the statutes, executive order, <br />administrative rules or instructions issued by the Commission or the United States <br />Department of Transportation. The City will take such action with respect to any <br />subcontract or procurement as the Commission or the United States Department of <br />Transportation may direct as a means of enforcing such provisions, including sanctions <br />for noncompliance; provided that in the event the City becomes involved or is <br />threatened with litigation with a subcontractor or supplier as a result of such direction, <br />the City may request the United States to enter into such litigation to protect the <br />interests of the United States. <br /> <br /> (27) ACCESS TO RECORDS: The City and its contractors must maintain all <br />records relating to this Agreement, including but not limited to invoices, payrolls, etc. <br />These records must be available at no charge to the FHWA and the Commission and/or <br />their designees or representatives during the period of this Agreement and any <br />extension, and for a period of three (3) years after the date on which the City receives <br />reimbursement of their final invoice from the Commission. <br /> <br />-7- <br /> <br /> <br />