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Attachment B <br /> Page~ 3 of 4 <br /> <br />ments of materials and leases of equipment. The Agency <br />will not participate either directly or indirectly in <br />the discrimination prohibited by Section 21.5 of the <br />Regulations, including employment practices when the <br />Agreement covers a program set forth in Appendix B of <br />the Regulations. <br /> <br />(c) The Agency will further comply with the Regulations <br />contained in Title 40, Code of Federal Regulations, <br />Part 23, concerning the development of a minority <br />business enterprise affirmative action program. <br /> <br />(d) Information and Reports: The Agency will provide <br />all information and reports required by the Regulations, <br />or orders and instructions issued pursuant thereto, and <br />will permit access to its books, records, accounts, <br />other sources of information, and its facilities as may <br />be determined by the Department or the Federal Highway <br />A~l]inistration to be pertinent to ascertain compliance <br />with such Regulations, orders and instructions. Where <br />any information required of the Agency is in the exclu- <br />sive possession of another who fails or refuses to <br />furnish this information, the Agency shall so certify <br />to the Department, or the Federal Highway Administration <br />as appropriate, and shall set forth what efforts it has <br />made to obtain the information. <br /> <br />(e) Sanctions for Noncompliance: In the event of the <br />Agency's noncompliance with the nondiscrimination <br />provisions of this contract, the Department shall <br />impose such contract sanctions as it or the Federal <br />Highway Administration may determine to be appropriate, <br />including, but not limited to: <br /> <br /> (1) Withholding of payments to the Agency under <br /> the Agreement until the Agency complies, <br /> and/or~ <br /> <br /> (2) Cancellation, termination or suspension of <br /> the Agreement in whole or in part. <br /> <br />(f) Incorporation of Provisions: The County of Cabarrus <br />on behalf of the Agency will include the provisions of <br />this Paragraph 3 in every subcontract, including procure- <br />ments of materials and leases of equipment, pursuant <br />thereto. The County of Cabarrus will take such action <br />with respect to any subcontract, procurement, or lease <br />as the Department or the Federal Highway Administration <br />may direct as a means of enforcing such provisions <br />including sanctions for noncompliance. Provided, <br />however, that in the event the County of Cabarrus <br />becomes involved in, or is threatened with litigation <br />with a subcontractor, supplier, or leaser as a result <br />of such direction, the County of Cabarrus may request <br /> <br /> <br />