Common use of Termination by FHWA Clause in Contracts

Termination by FHWA. 12.2.1 As provided by 23 U.S.C. 327(j)(1) and 23 C.F.R. part 773.117(a), FHWA may terminate DOT&PF's participation in the Program, in whole or in part, at any time subject to the procedural requirements in 23 U.S.C. 327 and subpart 12.2.2 of this MOU. Termination may be based on DOT&PF's failure to adequately carry out its responsibilities under this MOU including, but not limited to: A. persistent neglect of, or noncompliance with Federal laws, regulations, and policies; B. failure to cooperate with FHWA during any oversight or monitoring reviews; C. failure to address deficiencies identified during the audit or monitoring process; D. failure to secure or maintain adequate personnel and/or financial resources to carry out the responsibilities assumed; E. substantial non-compliance with this MOU; or F. persistent failure to adequately consult, coordinate, or account for the concerns of appropriate Federal, State, tribal, and local agencies with oversight, consulting, or coordination responsibilities under Federal environmental laws and regulations.

Termination by FHWA. 12.2.1 As provided by 23 U.S.C. 327(j)(1) and 23 C.F.R. part 773.117(a), FHWA may terminate DOT&PFADOT's participation in the Program, in whole or in part, at any time subject to the procedural requirements in 23 U.S.C. 327 and subpart 12.2.2 13.2.2 of this MOU. Termination may be based on DOT&PF's ADOT’s failure to adequately carry out its responsibilities under this MOU including, but not limited to: A. persistent neglect of, or noncompliance with Federal laws, regulations, and policies; B. failure to cooperate with FHWA during any oversight or monitoring reviews; C. failure to address deficiencies identified during the audit or monitoring process; D. failure to secure or maintain adequate personnel and/or financial resources to carry out the responsibilities assumed; E. substantial intentional non-compliance with this MOU; or F. persistent failure to adequately consult, coordinate, or account for the concerns of appropriate Federal, Statestate, tribal, and local agencies with oversight, consulting, or coordination responsibilities under Federal environmental laws and regulations.

Termination by FHWA. 12.2.1 As provided by 23 U.S.C. 327(j)(1) and 23 C.F.R. part 773.117(a), FHWA may terminate DOT&PFADOT's participation in the Program, in whole or in part, at any time subject to the procedural requirements in 23 U.S.C. 327 and subpart 12.2.2 13.2.2 of this MOU. Termination may be based on DOT&PF's ADOT’s failure to adequately carry out its responsibilities under this MOU including, but not limited to: A. persistent Persistent neglect of, or noncompliance with Federal laws, regulations, and policies; B. failure Failure to cooperate with FHWA during any oversight or monitoring reviews; C. failure Failure to address deficiencies identified during the audit or monitoring process; D. failure Failure to secure or maintain adequate personnel and/or financial resources to carry out the responsibilities assumed; E. substantial Intentional non-compliance with this MOU; or F. persistent Persistent failure to adequately consult, coordinate, or account for the concerns of appropriate Federal, State, tribalTribal, and local agencies with oversight, consulting, or coordination responsibilities under Federal environmental laws and regulations.