Common use of NO GOVERNMENT OBLIGATION TO THIRD PARTIES Clause in Contracts

NO GOVERNMENT OBLIGATION TO THIRD PARTIES. Applicability. All contracts. STA and Contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the US Government, the US Government is not a party to this Contract and shall not be subject to any obligations or liabilities to STA, the Contractor, or any other party (whether or not a party to this Contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Applicability. All contracts. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq., and DOT regulations, Program Fraud Civil Remedies, 49 CFR 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make or causes to be made, pertaining to the underlying Contract or FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on Contractor to the extent the US Government deems appropriate. If Contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5323(l)(1) on Contractor, to the extent the US Government deems appropriate. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES. Applicability. All contracts. STA and Contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the US Government, the US Government is not a party to this Contract and shall not be subject to any obligations or liabilities to STA, the Contractor, or any other party (whether or not a party to this Contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Applicability. All contracts. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq., and DOT regulations, Program Fraud Civil Remedies, 49 CFR 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make or causes to be made, pertaining to the underlying Contract or FTA assisted project for which this Contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on Contractor to the extent the US Government deems appropriate. If Contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5323(l)(1) on Contractor, to the extent the US Government deems appropriate. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Applicability. All Contracts over $10,000.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES. Applicability. All contracts. STA (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the US Federal Government in or approval of the solicitation or award of the underlying Contractcontract, absent the express written consent by the US Federal Government, the US Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to STAthe Purchaser, the Contractor, or any other party (whether or not a party to this Contractthat contract) pertaining to any matter resulting from the underlying Contract. contract. (2) The Contractor also agrees to include the above clause these requirements in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modifiedFederal assistance provided by FTA, except modified only if necessary to identify the subcontractor who will be subject to its provisions. Applicability. All contracts. affected parties. F. ★Program Fraud and False or Fraudulent Statements or Related Acts. (1) 73.6.1 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC U.S.C. §§ 3801 et seq., . and U.S. DOT regulations, "Program Fraud Civil Remedies, ," 49 CFR C.F.R. Part 31, apply to its actions pertaining to this ContractProject. Upon execution of the underlying Contractcontract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make make, or causes to be made, pertaining to the underlying Contract contract or the FTA assisted project for which this Contract work contract Work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal submission, or certification, the US Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) of 1986 on the Contractor to the extent the US Federal Government deems appropriate. If . (2) 73.6.2 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittalsubmission, or certification to the US Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA assistance under the authority Authority of 49 USC U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 USC U.S.C. § 1001 and 49 USC 5323(l)(1U.S.C. § 5307(n)(1) on the Contractor, to the extent the US Federal Government deems appropriate. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES. Applicability. All contracts. STA 13.1 The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the US Federal Government in or approval of the solicitation or award of the underlying Contractcontract, absent the express written consent by the US Federal Government, the US Federal Government is not a party to this Contract contract and shall not be subject to any obligations or liabilities to STAthe City, the Contractor, or any other party (whether or not a party to this Contractthat contract) pertaining to any matter resulting from the underlying Contract. contract. 13.2 The Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistanceFederal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Applicability. All contracts. 14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 14.1 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC U.S.C. §§ 3801 et seq., . and U.S. DOT regulations, “Program Fraud Civil Remedies, ," 49 CFR C.F.R. Part 31, apply to its actions pertaining to this ContractProject. Upon execution of the underlying Contractcontract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make make, or causes to be made, pertaining to the underlying Contract contract or FTA the FTA- assisted project for which this Contract contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal submission, or certification, the US Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) of 1986 on the Contractor to the extent the US Federal Government deems appropriate. If . 14.2 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittalsubmission, or certification to the US Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA assistance under the authority of 49 USC 5307, the Government reserves the right 49 14.3 The Contractor agrees to impose the penalties of 18 USC 1001 and 49 USC 5323(l)(1) on Contractor, to the extent the US Government deems appropriate. Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistanceFederal assistance provided by FTA. The It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES. Applicability. All contracts. STA The City and Contractor the Company acknowledge and agree that, notwithstanding any concurrence by that the US Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the US Government, the US Government federal government is not a party to this Contract and that the federal government shall not be subject to not, because of this Contract, have any obligations or liabilities to STAthe City, to the Company, or to anyone else. The City and the Company acknowledge and agree that the first sentence of this paragraph shall not be affected by the federal government concurring in, or approving of, the Contractor, solicitation or any other party (whether or not award of this Contract unless the federal government explicitly consents in writing to being a party to this Contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in The Company shall ensure that each subcontract financed (of every tier) and each supplier contract includes a provision in whole which the parties to that subcontract or in part with FTA assistance. It is further agreed supplier contract acknowledge and agree that the clause shall federal government is not be modified, except a party to identify the subcontractor who will be subject to its provisions. Applicability. All contracts. Contractor acknowledges that subcontract or supplier contract and that the federal government shall not, because of that subcontract or supplier contract, have any obligations or liabilities to that subcontract’s or supplier contract’s parties or to anyone else. The Company shall fully comply with all provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 1986 (31 USC U.S.C. §§3801 et seq., ) and DOT regulations, with the United States Department of Transportation regulations entitled “Program Fraud Civil Remedies, ” that are found in 49 CFR Part 31. By executing this Contract, apply the Company certifies to its actions pertaining the City the complete truthfulness and total accuracy of every statement that the Company has made, has caused to be made, shall make, or shall cause to be made that relates in any way to this Contract. Upon execution The Company acknowledges and agrees that the certification provided by the Company under this Article 9.B is a material representation of fact on which the underlying Contract, Contractor certifies or affirms City will rely. If at any time this certification is found by the truthfulness and accuracy of any statement it has made, it makes, it may make or causes City to be madefalse or inaccurate in any way, pertaining to the underlying Contract or FTA assisted project for which that shall be deemed a material breach of this Contract work is being performedby the Company, and in such a situation the City may pursue any and all remedies available to it under this Contract and/or otherwise at law. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal or certificationAdditionally, the US Government reserves Company acknowledges that, if such a breach happens, the right federal government also may choose to impose pursue any and all remedies available to it, including for example imposing penalties on the penalties of Company under the Program Fraud Civil Remedies Act of 1986, 18 U.S.C. §1001, and/or 49 U.S.C. §5307(n)(1). The Company shall ensure that, at all times, all suppliers and all subcontractors (1986of every tier) on Contractor fully comply with all provisions of this Article 9 to the same extent that the US Government deems appropriateCompany is required to do so. If Contractor makes, or causes In addition to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification taking all other necessary and appropriate steps to the US Government satisfy its obligations under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307this Article 9.C, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5323(l)(1) on Contractor, to the extent the US Government deems appropriate. Contractor Company shall include the above two clauses in ensure that each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify and each supplier contract includes provisions requiring that the subcontractor who will be subject to or the provisionssupplier fully comply with this Article 9.