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Association of Bay Area Governments 19-REAP-13915 Page 7 of 9 (Rev. 5/28/2020) <br /> EXHIBIT D <br /> <br />Regional Early Action Planning Grants (REAP) <br />NOFA Date: October 10, 2019 <br />Approved Date: March 30, 2020 <br />Prep. Date: (date inserted by Contract Manager when each SA is created) <br /> <br />clause in all contracts and subcontracts they enter into to perform work under <br />REAP. <br /> <br />D. The Grantee shall, in the course of performing project work, fully comply with the <br />applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which <br />prohibits discrimination on the basis of disability, as well as all applicable <br />regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) <br />E. The Grantee shall adopt and implement affirmative processes and procedures <br />that provide information, outreach and promotion of opportunities in the REAP <br />project to encourage participation of all persons regardless of race, color, <br />national origin, sex, religion, familial status, or disability. This includes, but is not <br />limited to, a minority outreach program to ensure the inclusion, to the maximum <br />extent possible, of minorities and women, and entities owned by minorities and <br />women, as required by 24 CFR 92.351. <br /> <br />10. Litigation <br /> <br />A. If any provision of this Agreement, or an underlying obligation, is held invalid by a <br />court of competent jurisdiction, such invalidity, at the sole discretion of the <br />Department, shall not affect any other provisions of this Agreement and the <br />remainder of this Agreement shall remain in full force and effect. Therefore, the <br />provisions of this Agreement are, and shall be, deemed severable. <br /> <br />B. The Grantee shall notify the Department immediately of any claim or action <br />undertaken by or against it, which affects or may affect this Agreement or the <br />Department, and shall take such action with respect to the claim or action <br />consistent with the terms of this Agreement and the interests of the Department. <br /> <br />11. Changes in Terms/Amendments <br /> <br />A. The Grantee may be subject to amendments to this section as a result of <br />subsequent applications and awards. <br /> <br />B. This Agreement may only be amended or modified by mutual written agreement <br />of both parties. <br />12. State-Owned Data <br /> <br />A. Definitions <br /> <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575