Common use of NON-DISCRIMINATION/AFFIRMATIVE ACTION Clause in Contracts

NON-DISCRIMINATION/AFFIRMATIVE ACTION. Company assures that, in the performance of its obligations hereunder, it will fully comply with the requirements of 14 CFR part 152, subpart E (Non-Discrimination in Airport Aid Program), as amended from time to time, to the extent applicable to Company, to ensure, inter alia, that no person will be excluded from participating in any employment, contracting, or leasing activities covered by such regulations on the grounds of race, creed, color, national origin, or sex. Company, if required by such regulations, will provide assurances to Authority that Company will undertake an affirmative action program or steps for equal employment opportunity and will require the same of its sub-organizations. Company, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, (1) that no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (3) that Company will fully comply with the requirements of 49 CFR part 21 (Non- Discrimination in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964), as amended from time to time. This Agreement is subject to the requirements of the U. S. Department of Transportation’s Regulations, 49 CFR part 23, as amended. Company agrees that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any lease, concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23, as amended. Company agrees to include the above statements in any subsequent lease, concession agreements or other agreement covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements. In the event of breach of any of the above non-discrimination covenants pursuant to Part 21 of the Regulations of the Office of the Secretary of Transportation, as amended, Authority will have the right to terminate the Agreement and to re-enter as if said Agreement had never been made or issued. The provision will not be effective until the procedures of Title 49 CFR part 21 are followed and completed, including exercise or expiration of appeal rights.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

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NON-DISCRIMINATION/AFFIRMATIVE ACTION. Company assures that, in the performance of its obligations hereunder, it will fully comply with the requirements of 14 CFR part 152, subpart E (Non-Discrimination in Airport Aid Program), as amended from time to time, to the extent applicable to Company, to ensure, inter alia, that no person will be excluded from participating in any activities, employment, contracting, or leasing activities covered by such regulations on the grounds of race, creed, color, national origin, or sex. Company, if required by such regulations, will provide assurances to Authority that Company will undertake an affirmative action program or steps for equal employment opportunity and will require the same of its sub-organizations. Company, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, : (1) that no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (3) that Company will fully comply with the requirements of 49 CFR part 21 (Non- Discrimination in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964), as amended from time to time. This Agreement is subject to the requirements of the U. S. Department of Transportation’s Regulations, 49 CFR part 23, as amended. Company agrees that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any lease, concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23, as amended. The Company agrees to include the above statements in any subsequent lease, concession agreements or other agreement covered by 49 CFR part 23, 23 that it enters and cause those businesses to similarly include the statements in further agreements. In the event of breach of any of the above non-discrimination covenants pursuant to Part 21 of the Regulations of the Office of the Secretary of Transportation, as amended, Authority will have the right to terminate the Agreement and to re-enter as if said Agreement had never been made or issued. The provision will not be effective until the procedures of Title 49 CFR part 21 are followed and completed, including exercise or expiration of appeal rights.

Appears in 1 contract

Samples: Space Rental Agreement

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NON-DISCRIMINATION/AFFIRMATIVE ACTION. Company assures that, in the performance of its obligations hereunder, it will fully comply with the requirements of 14 CFR part 152, subpart E (Non-Discrimination in Airport Aid Program), as amended from time to time, to the extent applicable to Company, to ensure, inter alia, that no person will be excluded from participating in any employment, contracting, or leasing activities covered by such regulations on the grounds of race, creed, color, national origin, or sex. Company, if required by such regulations, will provide assurances to Authority that Company will undertake an affirmative action program or steps for equal employment opportunity and will require the same of its sub-organizations. Company, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, (1) that no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and (3) that Company will fully comply with the requirements of 49 CFR part 21 (Non- Discrimination in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964), as amended from time to time. This Agreement is subject to the requirements of the U. S. Department of Transportation’s Regulations, 49 CFR part 23, as amended. Company agrees that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any lease, concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23, as amended. Company agrees to include the above statements in any subsequent lease, concession agreements or other agreement covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements. In the event of breach of any of the above non-discrimination nondiscrimination covenants pursuant to Part 21 of the Regulations of the Office of the Secretary of Transportation, as amended, Authority will have the right to terminate the Agreement and to re-enter as if said Agreement had never been made or issued. The provision will not be effective until the procedures of Title 49 CFR part 21 are followed and completed, including exercise or expiration of appeal rights.

Appears in 1 contract

Samples: Operating Agreement

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