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Local Assistance Procedures Manual Exhibit 10-R <br />A&E Boilerplate Agreement Language <br />Page 5 of 9 <br />May 2023 <br /> <br /> <br /> <br /> <br />f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) <br />through (6) in every sub-agreement, including procurements of materials and leases of <br />equipment, unless exempt by the Regulations, or directives issued pursuant thereto. <br />CONSULTANT shall take such action with respect to any sub-agreement or procurement as the <br />recipient or FHWA may direct as a means of enforcing such provisions including sanctions for <br />noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is <br />threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT <br />may request the recipient enter into such litigation to protect the interests of the State, and, in addition, <br />CONSULTANT may request the United States to enter into such litigation to protect the interests of the <br />United States. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />ATTY/AGR.2025.333/Kimley-Horn (Bay Road Complete Streets) (Page 30 of 50)