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ARTICLE lO FUNDING OF CONTRACT CONTINGENT UPON CITY'S RECEIPT OF FEDERAL FUNDS 10.1 It is expressly understood and agreed by the parties hereto that all performances on the part of City are contingent upon and subject to actual receipt by the City of sufficient and adequate funds from the Federal Aviation Administration contemplated by this contract in order for the City to be able to fully perform the obligations and duties of the City as specified by this contract. ARTICLE 11 MINORITY BUSINESS ENTERPRISE (MBE) ASSt.JRAæES 11.1 Policy It is the policy of the Department of Transportation (hereinafter referred to as "DOT") that minority business enterprises (hereinafter referred to as MBE'.) as defined in 49 CPR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. 11.2 MBE Obligation The Contractor agrees to ensure that minority business enterprises as defined in 49 CPR Part 23 have the maximum opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractor shall not discrimi- nate on the basis of race, color, national origin, sex, age, or physi- cal handicap in the award and performance of OOT-assisted contracts. ARTICLE 12 TERMINATION OF CON'lRACT 12.1 In connection with all the work outlined or contemplated above, it is agreed that the City or the Contractor may cancel or terminate this Contract upon thirty (30) days written notice to the other, with the provision and understanding that immediately upon receipt of notice of such cancellation from either party to the other, all work and labor being performed under this contract shall immedi- ately cease pending final cancellation at the end of such thirty (30)