Common use of Flow Down Clause in Contracts

Flow Down. (a) In accepting financial assistance for a Project, the Recipient is responsible for ensuring the compliance with the protections provided in this award term B.5. The Recipient shall make the acceptance of this award term B.5 a condition of any new contract (or incorporate its terms into any existing contract by amendment) that uses funds subject to the requirements of 49 U.S.C. § 22905(c). These conditions shall apply to a Recipient, any Railroad and any contractor of any tier with which the Recipient contracts using funds subject to the requirements of 49 U.S.C. § 22905(c). (b) The Recipient shall require in an agreement (either in a new agreement or as an amendment to an existing agreement) with a Railroad owning the right-of-way to be improved by a Project that the Railroad notify its employees (or their representatives) of the Project being funded with financial assistance subject to 49 U.S.C. § 22905(c) and the applicability of these protections. (c) Any Railroad employee (or their representatives) may notify a Recipient of a dispute or controversy relating to the requirements of this award term B.5 to ensure compliance with 49 U.S.C. § 22905(c)(2)(B).

Flow Down. (a) In accepting financial assistance for a Project, the Recipient is responsible for ensuring the compliance with the protections provided in this award term B.5Appendix. The Recipient shall make the acceptance of this award term B.5 Appendix a condition of any new contract (or incorporate its terms into any existing contract by amendment) that uses funds subject to the requirements of 49 U.S.C. § 22905(c). These conditions shall apply to a Recipient, any Railroad and any contractor of any tier with which the Recipient contracts using funds subject to the requirements of 49 U.S.C. § 22905(c). (b) The Recipient shall require in an agreement (either in a new agreement or as an amendment to an existing agreement) with a Railroad owning the right-of-way to be improved by a Project that the Railroad notify its employees (or their representatives) of the Project being funded with financial assistance subject to 49 U.S.C. § 22905(c) and the applicability of these protections. (c) Any Railroad employee (or their representatives) may notify a Recipient of a dispute or controversy relating to the requirements of this award term B.5 Appendix to ensure compliance with 49 U.S.C. § 22905(c)(2)(B).