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 City, 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
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Seller certifies or affirms the truthfulness
and accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the Seller
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Seller to the
extent the Federal Government deems appropriate.
(b) The Seller also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.§ 5307,
the Government reserves the right to impose the penalties of 18 U.S.C.§ 1001 and 49
U.S.C.§ 5307(n)(1) on the Seller, to the extent the Federal Government deems appropriate.
(c) The Seller agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
36. Records.
(a) Retention. The Seller will retain, and will require its subcontractors of all tiers
to retain, complete and readily accessible records related in whole or in part to the
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