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SUBAWARD NO.001 <br /> resolved by mediation,either Party may h111'SIIC Its Case Ill a C011l't Of competent jurisdictiol. <br /> (f) Pending final resolution of dispute Under this Section, Sub-Recipient shall <br /> proceed diligently with the performance Of its Obligations Under the Agreement(Il1Clllding <br /> those matters giving rise to the dispute); provided that the action Of the Sub-Recipient in <br /> proceeding with Such pe601'111MCC Shall Ilot pr'ejUdice Its position Ill the dlSplltC r'CSOILIti011 <br /> process. <br /> 13.2 This Agreement Shall not be Considered as specifying the exclusive remedy for any <br /> defaUlt, but all remedies existing at law and in equity may be availed by any Party and Shall be <br /> CUmUlative. Venue for any proceedings at law or in equity shall be in a State court having <br /> jurisdiction in Hays County, Texas, or if in federal court, the United States District COUl't for the <br /> Western District of Texas, Austin Division. <br /> XIV. ROLLING STOCK <br /> The Par'tICS Understand and acknowledge that Sub-Recipient purchasing revenue service <br /> rolling stock with Federal FUndS IllllSt C11Slll'C that pre-award and post-delivery audits are Complete <br /> before the Sub-Recipient enters into a formal contract for the purchase Of such rolling stock and <br /> after rolling stock is delivered to Sub-Recipient. Sub-Recipient agrees to perform SUCK required <br /> pre-award and post-delivery audits and Shall verify that the following Certifications are on file with <br /> the Direct Recipient: <br /> (a) For Federal Funds involving capital expenditures related to rolling stock, Sub- <br /> Recipient shall obtain the following certifications: <br /> (1) Pre-Award and Post-Delivery Buy America Certification. This <br /> certification States that the SUbrecipient maintains either a (i) FTA letter granting a waiver <br /> to the rolling stock to be purchased from Buy America requil'enlentS, Or (ii) had an <br /> independent audit.The independent audit would ensure that the rolling stock purchase meets <br /> Buy America requirements. The SUbrecipient mUSt I11a111ta111 records that component and <br /> SUbcomponent parts of the rolling stock to be purchased identified by manufacturer Of the <br /> parts, their country of origin and costs; and the location Of the filial assembly point for the <br /> rolling stock, IllClUding a description of the activities that will take place at the final <br /> assembly point and the cost of final assembly. <br /> (2) Pre-Award Purchaser's Requirements Ce rtifica tion.'I'll is certification is <br /> kept on file by the recipient and states that (i) the rolling stock the recipient is Contracting <br /> for is the same product described in the purchaser's SOIICItat1011 SpCCIflCat1011; and (ii) the <br /> proposed I11al1llf 1Ctllr'Cr' is a responsible 111al1UfactUl'Cr' with the capability to produce a <br /> vehicle that meets the recipient's specification set forth in the recipient's solicitation. <br /> (3) Post-Delivery Purchaser's Requirement Certification. This certification <br /> is kept on file by the recipient and states that a resident inspector (other than all agent or <br /> employee Of the manufacturer) was at the nlanu['actul'ing Site throughout the period of <br /> manufacture Of the rolling stock to be purchased and monitored and completed a report on <br /> Page 17 of 30 <br /> 1 <br />