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<br />. 32~ <br /> <br />Department of Transportation and the American With <br />Disabilities Act, as amended throughout this Lease term. <br />The Lessee assures that it will undertake an affirmative action <br />program as required by 14 CFR Part 152, Subpart E, to ensure that no <br />person shall on the grounds of race, creed, color, national origin, or <br />sex be excluded from participating in any employment activities covered <br />in 14 CFR Part 152, Subpart E. The Lessee assures that in compliance <br /> <br /> <br />;.¡ith the Americans With Disabilities Act, no qualified person with a <br /> <br /> <br />disability shall be excluded from emploYment activities. The Lessee <br /> <br /> <br />assures that no person shall be excluded on these grounds from <br /> <br /> <br />participating in or receiving the services or benefits of any program <br /> <br /> <br />or activity covered. The Lessee shall require that all <br /> <br /> <br />suborganizations provide assurances to the Lessee that they similarly <br /> <br /> <br />will undertake affirmative action programs and that ~hey will require <br /> <br /> <br />assurances from their suborganizations, as required by 14 CFR Part 152, <br /> <br /> <br />Subpart E, to the same effect. <br /> <br /> <br />In the event of breach of any of the preceding nondiscrimination <br /> <br /> <br />covenants, City of San Marcos shall have the right to terminate the <br /> <br /> <br />license, lease, permit, etc., and to reenter and repossess the land and <br /> <br />, <br />the facilities thereon, and hold the same as if the lease had never <br /> <br /> <br />been made or issued. <br /> <br />XI. Federally Assisted Programs <br /> <br /> <br />Lessee for itself, its successors in interest, and assigns, as a <br /> <br /> <br />part of the consideration hereof, does hereby covenant and agree as a <br /> <br /> <br />covenant running with the land that in the event facilities are <br /> <br /> <br />constructed, maintained, or otherwise operated on the property <br /> <br /> <br />described in this Agreement for a purpose for which a Department of <br /> <br /> <br />Transportation program or activity is extended or for another purpose <br /> <br /> <br />involving the provision of similar services or benefits, the Lessee <br /> <br /> <br />shall maintain and operate the facilities and services in compliance <br /> <br /> <br />! with all other requirements imposed pursuant to 49 CFR Part 21, <br /> <br /> <br />Nondiscrimination in Federally Assisted Programs of the Department of <br /> <br /> <br />Transportation, as amended, and in compliance with the American With <br /> <br /> <br />Disabilities Act, as amended. <br /> <br /> <br />XII. Lessor's Warranties <br /> <br /> <br />Lessor represents and warrants that Lessor has full right and <br /> <br /> <br /> <br />. <br />-15- <br />