matters in dispute are being resolved. If the parties are unable to resolve their dispute as
described above within 30 days, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be
limited by the terms of this Contract.
Should either party to the Contract suffer injury or damage to person or property because of
any act or omission of the party or of any of its employees, agents or others for whose acts it
is legally liable, a claim for damages therefore shall be made in writing to such other party
as soon as practicable after the first observance of such injury or damage.
Duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
32. Correction of Work. The Seller shall promptly correct work rejected by the
City as failing to conform to the requirements of the Contract Documents. The Seller shall
bear the cost of correcting such rejected work. In addition to the Seller’s other obligations
including warranties under the Contract, the Seller shall, for a period of one year after final
acceptance, correct work not conforming to the requirements of the Contract Documents.
If the Seller fails to correct nonconforming work within a reasonable time, the City may
correct it and the Seller shall reimburse the City for the cost of the correction.
33, Ownership of Documents. The City and FTA will become owners of all
documents prepared by the Seller upon payment for same by City, except any documents
which may be protected by patent, lease or other written documents which provides proof of
ownership.
34. No Federal Government Obligation to Third Parties.
(a) The City and the Seller acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the C, the Seller, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
(b) The Seller agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
incorporate FTA Terms
35. Program Fraud and False or Fraudulent Statements or Related Acts.
(a) The Seller acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C.§ 3801 et seq. and U.S. DOT regulations, "Program
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