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d. Records The Contractor agrees to keep satisfactory records pertaining to the use of Project property, and submit to the Department upon request such information as may be required to assure compliance with this Section of this Agreement. e. Incidental Use The Contractor agrees that: (1) General Any incidental use of Project property will not exceed that permitted under applicable Federal and State laws, regulations, and directives. (2) Alternative Fueling Facilities As authorized by 49 U.S.C. § 5323(p), any incidental use of its federally financed alternative fueling facilities and equipment by non - transit public entities and private entities will be permitted, only if the: (a) Incidental use does not interfere with the Contractor's Project or public transportation operations; (b) Contractor fully recaptures all costs related to the incidental use from the non - transit public entity or private entity; (c) Contractor uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and (d) Private entities pay all applicable excise taxes on fuel. f. Title to Vehicles The Certificate of Title to all vehicles purchased under the Approved Budget for this Project shall be in the name of the Contractor. The Department's Public Transportation Division shall be recorded on the Certificate of Title as first lien - holder. In the event of project termination or breach of contract provisions, the Contractor shall, upon written notification by the Department, surrender Project equipment and /or transfer the Certificate(s) of Title for Project equipment to the Department or the Department's designee. g. Encumbrance of Project Propertv The Contractor agrees to maintain satisfactory continuing control of Project property as follows: (1) Written Transactions The Contractor agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, sub agreement, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project properly, that in any way would affect the continuing Federal and State interest in that Project property. (2) Oral Transactions The Contractor agrees that it will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions The Contractor agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Contractor's continuing control of the use of Project property. h. Transfer of Project Property The Contractor understands and agrees as follows: (1) Contractor Request The Contractor may transfer any Project property financed with Federal assistance authorized under 49 U.S.C. chapter 53 to a local government authority to be used for any public purposed with no further obligation to the Federal Government, provided the transfer is approved by the Federal Transit Administration and conforms with the requirements of 49 U.S.C. §§ 5334(h) (1) through 5334 (h) (3). (2) Federal/State Government Direction The Contractor agrees that the Federal or State Government may direct the disposition of, and even require the Contractor to transfer title to any Project property financed with Federal /State assistance under this Agreement. (3) Leasing Project Property to Another Pam (a) General Prior to entering into any third party contract for leasing Project property to another party, the Contractor agrees to obtain approval from the Department. If the Contractor leases any Project properly to another party, the Contractor agrees to retain ownership of the leased Project property, and assure that the lessee will use Updated 3/01/11 Page 24 of 41 Attachment number 2 F -8 Page 158