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awards under this Agreement. The SUBRECIPIENT will include in all subcontracts for
<br />work under this Agreement a requirement that subcontractors will provide access to all
<br />relevant financial records, including bank statements.
<br />ARTICLE 11. REQUIRED CLAUSES AND ASSURANCES
<br />11.1 Equal Employment Opportunity. SUBRECIPIENT shall not discriminate against any
<br />employee or applicant for employment because of race, religion, color, sex, sexual
<br />orientation, gender identity, or national origin. SUBRECIPIENT shall take affirmative
<br />actions to ensure that applicants are employed, and that employees are treated, during
<br />their employment, without regard to their race, religion, color, sex, sexual orientation,
<br />gender identity or national origin. Such actions shall include, but not be limited to, the
<br />following: employment, upgrading, demotion, or transfer; recruitment or recruitment
<br />advertising; layoff or termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship.
<br />11.2 Nondiscrimination on the Basis of Disability. The SUBRECIPIENT agrees that no
<br />otherwise qualified disabled person shall, solely by reason of his disability, be
<br />excluded from participation in, be denied the benefits of, or otherwise be subject to
<br />discrimination under the PROJECT. The SUBRECIPIENT shall insure that all fixed
<br />facility construction or alteration and all new equipment included in the PROJECT
<br />comply with applicable regulations regarding Nondiscrimination on the Basis of
<br />Disability in Programs and Activities Receiving or Benefiting from Federal Financial
<br />Assistance, set forth in 49 CFR, Part 27 and any amendments thereto.
<br />11.3 Noncollusion. The SUBRECIPIENT warrants that it has not employed or retained
<br />any company or person, other than a bona fide employee working for it, to solicit or
<br />secure this Agreement, and that it has not paid or agreed to pay any company or
<br />person, other than a bona fide employee, any fee, commission, percentage, brokerage
<br />fee, gift, or any other consideration contingent upon or resulting from the award or
<br />making of this Agreement. If the SUBRECIPIENT breaches or violates this warranty,
<br />KTB shall have the right to annul this Agreement without liability or, in its discretion, to
<br />deduct from the Agreement price or consideration, or otherwise recover the full amount
<br />of such fee, commission, brokerage fee, gift, or contingent fee.
<br />11.4 Gratuities. Any person doing business with or who, reasonably speaking, may do
<br />business with KTB under this Agreement may, not make any offer of benefits, gifts or
<br />favors to employees of KTB. Failure on the part of the SUBRECIPIENT to adhere to
<br />this policy may result in termination of this Agreement.
<br />11.5 Davis -Bacon Act. SUBRECIPIENT agrees to comply with all applicable provisions of
<br />40 USC § 3141 — 3148.
<br />11.6 Contract Work Hours and Selection Standards. SUBRECIPIENT agrees to comply
<br />with all applicable provisions of 40 USC § 3701 — 3708 to the extent this agreement
<br />indicates any employment of mechanics or laborers.
<br />11.7 Rights to Invention Made Under Contract or Agreement. SUBRECIPIENT agrees
<br />to comply with all applicable provisions of 37 CFR Part 401.
<br />11.8 Clean Air Act, Federal Water Pollution Control Act, and Energy Policy
<br />Conservation Act. SUBRECIPIENT agrees to comply with all applicable provisions of
<br />the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution
<br />Memorandum of Understanding Page 2
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