WARRANTY AND RESPONSIBILITIES Sample Clauses

WARRANTY AND RESPONSIBILITIES. 7.1 Unless otherwise agreed, Complete Vehicles and/or Trailers will be sold to the End Customer with the benefit of each Party´s warranties in force at the time of the conclusion of the Agreement. VOLVO shall be responsible for the warran- ties related to the VOLVO Chassis and SUPPLIER shall be responsible for warranties related to the Superstructures and/or Trailers. SUPPLIER guaran- tees that its warranties at no time shall be shorter than 12 months. 7.2 To the extent a Party and unless otherwise agreed, due to lack of engagement of the other Party or otherwise, fulfils warranty obligations of the other Party towards an End Customer, such Party shall be fully reimbursed by the other Party. If no root cause of the defect can be defined in a material analysis, VOLVO and SUPPLIER shall be commercially liable for fifty (50) per cent each of the total cost for the defective part. 7.3 SUPPLIER shall always be responsible for all work performed by itself, includ- ing but not limited to manufacture/assembly and mounting of the Superstruc- ture onto VOLVO Chassis and the delivery of the Complete Vehicle and/or Trailer to either VOLVO or a End Customer, and for the structure of the Su- perstructure which is fitted to the Chassis and/or Trailer. SUPPLIER guaran- tees that the VOLVO Group Bodybuilder Instruction will be strictly adhered to, unless otherwise has been explicitly agreed to in writing with VOLVO. 7.4 Where it is explicitly agreed in writing by both Parties that VOLVO shall act as the main contractor towards the End Customer, SUPPLIER shall be subject to a back-to-back responsibility for its goods and services covered by such con- tract. Back-to-back responsibility implies herein that SUPPLIER undertakes to fulfil all undertakings, liabilities (including liquidated damages and penalties and furnishing of bonds and guarantees) and warranties set forth in such a contract relating to or caused solely or partly by its supply of goods and services under such contract, either directly towards the End Customer or by way of reimburs- ing VOLVO for doing so. 7.5 SUPPLIER warrants to VOLVO that (i) SUPPLIER is a corporation organized, validly existing and in good standing under the laws of the country where its principal office is registered, (ii) the execution of this Agreement and the con- clusion of any Agreement will not violate any agreements which SUPPLIER has with any third parties, (iii) SUPPLIER has full power and authority to enter into and complete all ...
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WARRANTY AND RESPONSIBILITIES. The CONTRACTOR hereby warrants and represents that: 1. The items and specifications shall be as described under Article I of the contract. 2. The CONTRACTOR has good title to the items described in Article I, full authority to sell and transfer the same and that the items are sold free and clear of all liens, encumbrances, liabilities and adverse claims, of every nature and description. 3. The CONTRACTOR will fully defend, protect, indemnify, and hold PAGCOR harmless from any and all adverse claims that may be made by any party for the possession and/or the use of the item. 4. PAGCOR accepts no liability for the damage of the Goods during transit, risk and title will be deemed to have passed to PAGCOR only upon receipt and final acceptance of the Goods. 5. The CONTRACTOR shall make the service available twenty four (24) hours daily, seven (7) days a week. 6. PAGCOR shall consider the following grounds for termination of the contract as stipulated hereunder: 6.1 Unavailability of 24-Hour support hotline; 6.2 Failure to respond to reported trouble within twenty four (24) hours ; 6.3 Monthly service availability is less than 99.80%; 6.4 Failure to provide service availability within 24 hours of reported downtime; 6.5 Failure to access information/reports about the operational status of any part of the service that could affect the service received by PAGCOR; 6.6 Failure to report major failure or some important change in the operational status of the service. 7. Upon termination of the contract based on any of the above stated stipulations, PAGCOR shall have the option to take over and negotiate the contract with another carrier/provider.
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WARRANTY AND RESPONSIBILITIES. 1. The Supplier warrants that the service allows to perform the operations contemplated and listed in the technical descriptions. 2. The warranty is subordinate to the good working order of the client system, Internet Connection, the system software installed and to the correct use of the system by the Client. 3. If the Client intends to exercise the warranty rights, a notice shall be forwarded by fax (+00.000.0000000) or email (xxxxxxxx@xxxxxxx.xxx) indicating user credentials, the details of the invoice issued, the name and telephone number of the Contact Person and the specific reasons why the warranty rights are being exercised. 4. The Supplier will contact the Client and agree the terms of a solution within 7 working days from receiving the foregoing notice. 5. If the Client finds anomalous functioning or abnormalities that conflict with the specifications of Annex A, the Supplier shall be notified. The Supplier will perform the necessary corrections. If said defects or abnormalities are not corrected, the Client may request the refund of a portion of the fee paid for the period of non-use and hereby renounces – as an exception to the provisions of ex art. 1668 of the Italian Civil Code – all claims for damages. Alternatively, a service temporal extension will be granted to the Client. 6. As an exception to the provisions of articles 1578 ff. of the Italian Civil Code, the Supplier shall not be held liable for direct or indirect damages suffered by the Client as a consequence of original or supervening defects or for damages in any case suffered by the Client or third parties in connection with the use or non-use of software, save as expressly provided by law.
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WARRANTY AND RESPONSIBILITIES. The CONTRACTOR hereby warrants and represents that: 1. The items and specifications shall be as described under Article I of the contract. 2. The CONTRACTOR has good title to the items described in Article I, full authority to sell and transfer the same and that the items are sold free and clear of all liens, encumbrances, liabilities and adverse claims, of every nature and description. 3. The CONTRACTOR will fully defend, protect, indemnify, and hold PAGCOR harmless from any and all adverse claims that may be made by any party for the possession and/or the use of the item. 4. PAGCOR accepts no liability for the damage of the Goods during transit, risk and title will be deemed to have passed to PAGCOR only upon receipt and final acceptance of the Goods. 5. The CONTRACTOR shall pay taxes in full and on time, failure to do so will entitle PAGCOR to suspend payment for any goods delivered or services rendered by the CONTRACTOR.
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WARRANTY AND RESPONSIBILITIES. The CONTRACTOR hereby warrants and represents that: 1. It is an entity duly organized, validly existing and in good standing under the laws of the Republic of the Philippines, and it has the requisite power and authority to enter into and perform its obligations under this Contract. 2. There are no actions, suits or proceedings pending or, to the best of its knowledge, threatened, which may have any adverse material effects on its ability to fulfill its obligations under this Contract or on its operations, business, properties, assets or business condition. 3. That the Services to be rendered shall be as described under Article I of this Contract. The CONTRACTOR further warrants that it is fully authorized to render the Services and has secured all the necessary government licenses and permits to allow it to render the Services agreed upon and that it is free from any liability or adverse claims, of every nature and description that would prevent or hinder it from rendering the said Services. 4. The CONTRACTOR shall fully defend, protect, indemnify, and shall hold PAGCOR harmless from any and all adverse claims that may be made by any party by reason of the Services rendered in Article I herein. 5. The CONTRACTOR shall make the service available twenty-four (24) hours daily, all days of the week (24x7). 6. All equipment/facilities installed for the service shall be owned and maintained by the CONTRACTOR; should there be any breakdown of or fault in the system necessitating a change of equipment/facilities, the CONTRACTOR shall have the option of using a substituting equipment (at no cost to the subscriber) it deems suitable for the continuance of the service. In the event the service cannot carry the subscriber data traffic, the CONTRACTOR shall advice the subscriber accordingly. 7. PAGCOR shall consider the following grounds for termination of the contract as stipulated hereunder: 7.1 Unavailability of 24-hour support hotline 7.2 Negligence of ISP/Carrier personnel in servicing PAGCOR. (i.) Improper logging of trouble reports such that restoration time is made longer (ii.) Plugging of 110V equipment to 220V outlet 7.3 Monthly service availability of at least 99.5%
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WARRANTY AND RESPONSIBILITIES. 3.1 Licensor warrants that, to the best of his knowledge and belief, he has the right to license the Games and provide services under this Agreement, and is not encumbered with third-party rights to limit the rights granted in Section 1. 3.2 Licensee shall be liable for any third-party loss or damage occurring in the Licensee premises or as a result of Licensee use. Licensee understands that the use of any game may have risks or cause disorientation for those unaccustomed to virtual reality experiences. Licensor is not responsible for any loss or damage occurring on the Licensee premises or as a result of Licensee use. Licensor has no control over how Licensee uses or directs others to use the Games. 3.3 Licensor does not own or have any control over and is not responsible for third party manufacturers or retailers of Hang Gliding Simulators. Furthermore, any 5D Realities affiliated Simulators are to be purchased under a separate agreement, with separate terms and conditions. Any breaches or claims related to or arising out of a Hang Gliding Simulator, whether affiliated with 5D Realities or not, are not governed by this Agreement. 3.4 Licensor warrants that the Games will perform best with the Computing and Virtual Reality equipment or specifications suggested by Licensor. THE WARRANTY PROVIDED FOR HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event of a claim by Licensee under this warranty, Licensor shall have the option to either repair or replace the Games. In the event that Licensor fails to repair or replace the Games within a reasonable period, Licensee's sole recourse shall be to terminate the Agreement and Licensor's sole obligation shall be to return any License Fees paid by Licensee within the previous 30 days or since notification to Licensor of the breach if greater than 30 days. In no event shall Licensor be liable for any incidental, consequential, or punitive damages as a result of its performance or breach of this Agreement. 3.5 Licensee is responsible any equipment and ancillary services needed to download, make use of, access or otherwise make optimal use of the Game(s), including, without limitation, modems, routers, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Licensee shall also be respo...
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WARRANTY AND RESPONSIBILITIES. The CONTRACTOR hereby warrants and represents that: 1. It is an entity duly organized, validly existing and in good standing under the laws of the Republic of the Philippines, and it has the requisite power and authority to enter into and perform its obligations under this Contract. 2. There are no actions, suits or proceedings pending or, to the best of its knowledge, threatened, which may have any adverse material effects on its ability to fulfill its obligations under this Contract or on its operations, business, properties, assets or business condition. 3. That the Services to be rendered shall be as described under Article I of this Contract. The CONTRACTOR further warrants that it is fully authorized to render the Services and has secured all the necessary government licenses and permits to allow it to render the Services agreed upon and that it is free from any liability or adverse claims, of every nature and description that would prevent or hinder it from rendering the said Services. 4. The CONTRACTOR shall fully defend, protect, indemnify, and shall hold PAGCOR harmless from any and all adverse claims that may be made by any party by reason of the Services rendered in Article I herein. 5. The CONTRACTOR shall pay taxes in full and on time. Failure to do so will entitle PAGCOR to suspend payment for any goods delivered or services rendered by the CONTRACTOR to PAGCOR.
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WARRANTY AND RESPONSIBILITIES. The CONTRACTOR hereby warrants and represents that: 1. It has the requisite power and authority to enter into and perform its obligations under this Service Contract 2. There are no actions, suits or proceedings pending or, to the best of its knowledge, threatened, which may have a material adverse effect on its ability to fulfill its obligations under this Service Contract or on its operations, business, properties, assets or business condition 3. That the Services to be rendered herein shall be as described under Article I of this Service Contract. The CONTRACTOR warrants that it has secured all the necessary government licenses and permit to allow it to render the Services agreed upon and that it is free from any liability or adverse claims, of every nature and description that would prevent or hinder it from rendering the said Services 4. The CONTRACTOR warrants that it is the owner of all equipment to be used for the Services covered under this Service Contract, or, if not, the CONTRACTOR has the authority from the owner to use such equipment. 5. The CONTRACTOR hereby represents and warrants that it has experienced and competent personnel for the Services under this Service Contract. The CONTRACTOR shall exercise complete and unequivocal control and supervision over its staff in the performance of their respective functions and duties. 6. The CONTRACTOR shall pay taxes in full and on time, failure to do so will entitle PAGCOR to suspend payment for any goods delivered or services rendered by the CONTRACTOR. 7. The CONTRACTOR shall exercise such care over the Stored Material as a reasonable careful man would exercise under like circumstances, and fulfill any specific storage condition which PAGCOR may reasonably require under the circumstances.
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WARRANTY AND RESPONSIBILITIES. The CONTRACTOR hereby warrants and represents that: 1. The items and specifications shall be as described under Article I of the contract. 2. The CONTRACTOR has good title to the items described in Article I, full authority to sell and transfer the same and that the items are sold free and clear of all liens, encumbrances, liabilities and adverse claims, of every nature and description. 3. The CONTRACTOR will fully defend, protect, indemnify, and hold PAGCOR harmless from any and all adverse claims that may be made by any party for the possession and/or the use of the item. 4. The items shall have a warranty of one (1) year from the date of acceptance of the specified items on Article I. 5. The defective items shall be replaced within seven (7) calendar days upon receipt of notification of the specified items on Article I. Failure of the CONTRACTOR to replace the same within the same period shall make the CONTRACTOR liable for a penalty of one-tenth of one percent (1/10 of 1%) of the total cost of the undelivered item for each day of delay, including Sundays and Holidays. (as applicable) 6. PAGCOR accepts no liability for the damage of the Goods during transit, risk and title will be deemed to have passed to PAGCOR only upon receipt and final acceptance of the Goods. 7. The CONTRACTOR shall pay taxes in full and on time, failure to do so will entitle PAGCOR to suspend payment for any goods delivered or services rendered by the CONTRACTOR.
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Related to WARRANTY AND RESPONSIBILITIES

  • Representations and Responsibilities You represent and warrant to us that any information you have given or will give us with respect to this agreement is complete and accurate. Further, you agree that any directions you give us or action you take will be proper under this agreement, and that we are entitled to rely upon any such information or directions. If we fail to receive directions from you regarding any transaction, if we receive ambiguous directions regarding any transaction, or if we, in good faith, believe that any transaction requested is in dispute, we reserve the right to take no action until further clarification acceptable to us is received from you or the appropriate government or judicial authority. We will not be responsible for losses of any kind that may result from your directions to us or your actions or failures to act, and you agree to reimburse us for any loss we may incur as a result of such directions, actions, or failures to act. We will not be responsible for any penalties, taxes, judgments, or expenses you incur in connection with your Xxxx XXX. We have no duty to determine whether your contributions or distributions comply with the Code, regulations, rulings, or this agreement. We may permit you to appoint, through written notice acceptable to us, an authorized agent to act on your behalf with respect to this agreement (e.g., attorney-in-fact, executor, administrator, investment manager), but we have no duty to determine the validity of such appointment or any instrument appointing such authorized agent. We will not be responsible for losses of any kind that may result from directions, actions, or failures to act by your authorized agent, and you agree to reimburse us for any loss we may incur as a result of such directions, actions, or failures to act by your authorized agent. You will have 60 days after you receive any documents, statements, or other information from us to notify us in writing of any errors or inaccuracies reflected in these documents, statements, or other information. If you do not notify us within 60 days, the documents, statements, or other information will be deemed correct and accurate, and we will have no further liability or obligation for such documents, statements, other information, or the transactions described therein. By performing services under this agreement we are acting as your agent. You acknowledge and agree that nothing in this agreement will be construed as conferring fiduciary status upon us. We will not be required to perform any additional services unless specifically agreed to under the terms and conditions of this agreement, or as required under the Code and the regulations promulgated thereunder with respect to Xxxx IRAs. You agree to indemnify and hold us harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs, and expenses, including attorney’s fees arising from or in connection with this agreement. To the extent written instructions or notices are required under this agreement, we may accept or provide such information in any other form permitted by the Code or applicable regulations including, but not limited to, electronic communication.

  • Role and Responsibilities During the Employment Period, the Executive shall serve as Chief Financial Officer of the Company, and shall perform such employment duties as are usual and customary for such position. The Executive shall report directly to the Chief Executive Officer of the Company (the “CEO”). At the Company’s request, the Executive shall serve the Company and/or its subsidiaries and affiliates in other capacities in addition to the foregoing, consistent with the Executive’s position hereunder. In the event that the Executive, during the Employment Period, serves in any one or more of such additional capacities, the Executive’s compensation shall not be increased beyond that specified in Section 2(b) hereof. In addition, in the event the Executive’s service in one or more of such additional capacities is terminated, the Executive’s compensation, as specified in Section 2(b) hereof, shall not be diminished or reduced in any manner as a result of such termination provided that the Executive otherwise remains employed under the terms of this Agreement.

  • Position and Responsibilities During the term of Executive’s employment hereunder, Executive agrees to serve as an Executive Vice President of the Bank. Executive shall perform administrative and management services for the Bank which are customarily performed by persons in a similar executive officer capacity. During said period, Executive also agrees to serve as an officer and director of any subsidiary of the Bank or the Company, if elected.

  • Roles and Responsibilities 1. The Donor States shall make funds available in support of eligible programmes proposed by the Beneficiary State and agreed on by the Financial Mechanism Committee within the priority sectors listed in Article 3.1 of Protocol 38c and the programme areas listed in the Annex to Protocol 38c. The Donor States and the Beneficiary State shall cooperate on the preparation of concept notes defining the scope and planned results for each programme. 2. The Beneficiary State shall assure the full co-financing of programmes that benefit from support from the EEA Financial Mechanism 2014-2021 in accordance with Annex B and the programme agreements. 3. The Financial Mechanism Committee shall manage the EEA Financial Mechanism 2014-2021 and take decisions on the granting of financial assistance in accordance with the Regulation. 4. The Committee shall be assisted by the Financial Mechanism Office (hereinafter referred to as the “FMO”). The FMO shall be responsible for the day-to-day operations of the EEA Financial Mechanism 2014-2021 and shall serve as a contact point.

  • RESTRICTIONS AND RESPONSIBILITIES 2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services. 2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. 2.5 Customer may opt out of these Terms and Conditions, but doing so will terminate Services.

  • Rights and Responsibilities This Agreement is our standard service agreement. Under this Agreement, we agree to provide and xxxx for Service, and you agree to use and pay for Service, as provided herein and in our other applicable Terms of Service. Our rights and responsibilities, and your rights and responsibilities, are as set forth in this Agreement and our other applicable Terms of Service.

  • Title and Responsibilities During the Term of Employment, the Executive shall be employed as the Executive Vice President and Chief Administrative Officer. In carrying out his duties under this Agreement, the Executive shall report directly to the President and/or Chief Executive Officer of the Company. During the Term of Employment, the Executive shall devote full time and attention to the business and affairs of the Company and shall use his best efforts, skills and abilities to promote the interests of the Company Group. Anything herein to the contrary notwithstanding, the Executive shall not be precluded from engaging in charitable and community affairs and managing his personal investments, to the extent such activities do not materially interfere with the Executive’s duties and obligations under this Agreement, it being expressly understood and agreed that, to the extent any such activities have been conducted by the Executive prior to the date of this Agreement and disclosed to the Board in writing prior to the date of this Agreement, the continued conduct of such activities (or, in lieu thereof, activities similar in nature and scope thereto) after the date of this Agreement shall be deemed not to interfere with the Executive’s duties and obligations to the Company under this Agreement. The Executive may serve as a member of the board of directors of other corporations, subject to the approval of a majority of the Board, which approval shall not be unreasonably withheld or delayed.

  • IRO Responsibilities The IRO shall: 1. perform each Claims Review in accordance with the specific requirements of the CIA;

  • Fund Responsibilities 3.1. The management and control of the Fund are vested exclusively in the Fund’s governing body (e.g., the board of directors or trustees for a Fund that is a mutual fund or the Trustee for a Fund that is a collective trust, as applicable) and such officers and agents as may be appointed by the board from time to time, subject to the terms and provisions of the Fund’s Governing Documents. The Fund’s governing body and the duly appointed officers and agents appointed by the governing body on behalf of the Fund will make all decisions, perform all management functions relating to the operation of the Fund and shall authorize all Transactions. Without limiting the foregoing, the Fund shall: (a) Designate properly qualified individuals to oversee the Services and establish and maintain internal controls, including monitoring the ongoing activities of the Fund. (b) Evaluate the accuracy, and accept responsibility for the results, of the Services, review and approve all reports, analyses and records resulting from the Services and inform DST of any errors that it is in a position to identify. (c) Provide DST with timely and accurate information required by DST in order to perform the Services and its duties and obligations hereunder. 3.2. Without limiting DST’s obligations to comply with applicable Law and the Fund’s Governing Documents, the Fund is responsible for ensuring that it complies with Law and its respective Governing Documents. It is the Fund’s responsibility to provide all final Fund Governing Documents as of the Effective Date. The Fund will notify DST in writing of any changes to the Fund Governing Documents, with the exception of minutes of meetings of the board of directors, that may materially impact the Services prior to such changes taking effect. DST is not responsible for monitoring compliance by the Fund with (i) Law, or (ii) its respective Governing Documents. 3.3. In the event that Market Data is supplied to or through DST Associates in connection with the Services, the Market Data is proprietary to Data Suppliers and is provided on a limited internal-use license basis. Market Data may: (i) only be used by the Fund in connection with the Services and (ii) not be disseminated by the Fund or used to populate internal systems in lieu of obtaining a data license. Access to and delivery of Market Data is dependent on the Data Suppliers and may be interrupted or discontinued with or without notice. Notwithstanding anything in this Agreement to the contrary, neither DST nor any Data Supplier shall be liable to the Fund or any other Person for any Losses with respect to Market Data, reliance by DST Associates or the Fund on Market Data or the provision of Market Data in connection with this Agreement. 3.4. The Fund shall deliver, and procure that its agents, counsel, advisors, auditors, and any other Persons promptly deliver to DST all Fund Data. The Fund shall arrange with each such Person to deliver such information and materials on a timely basis, and DST will not be required to enter any agreements with that Person in order for DST to provide the Services. 3.5. Notwithstanding anything in this Agreement to the contrary, so long as they act in good faith and without negligence, willful misconduct or fraud, DST Associates shall be entitled to rely on the authenticity, completeness and accuracy of information and communications received by DST Associates from Authorized Persons, or Proper Instructions from the Fund in connection with the performance of the Services and DST’s duties and obligations hereunder, without further enquiry or liability.

  • Authority and Responsibility A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Consultants are encouraged to use services offered by financial institutions owned and controlled by DBEs.

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