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<br />Heavener v020107 <br /> <br />EXHIBIT D: ASSURANCE OF COMPLIANCE <br /> <br />ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE <br />UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED; THE AGE <br />DISCRIMINATION ACT OF 1975; AND THE REHABILITATION ACT OF 1973, AS <br />AMENDED <br /> <br />The party executing this assurance, being the applicant recipient of Federal financial <br />assistance under the instrument to which this assurance is attached; HEREBY AGREES THAT, as a <br />part of its obligations under the aforesaid instrument, it will comply with Title VI of the Civil Rights <br />Act of 1964 (P.L. 88-352), as amended (42 US.C. 2000d), and all requirements imposed by or <br />pursuant to the Directive of the Department of Defense (32 CFRPart 195), issued as Department of <br />Defense Directive 5500.11, pursuant to that title; The Age Discrimination Act of 1975 (42 US.C. <br />6102); the Rehabilitation Act of 1973, as amended (29 US.C. 794), to the end that in accordance <br />with the aforementioned Title, Directive and Acts, no person in the United States shall on the ground <br />of race, color, age, sex, religion, handicap or national origin be excluded from participation in, be <br />denied the benefits of, or be otherwise subjected to discrimination under any program or activity for <br />which the Applicant-Recipient receives Federal financial assistance from the Department of the <br />Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary <br />to effectuate this agreement. <br /> <br />If any personal property or real property, or interest therein, or structure thereon is provi ded <br />or improved with the aid of Federal financial assistance extended to the applicant-recipient by the <br />Department of the Army, or if such assistance is in the form of personal property or real property, or <br />interest therein or structure thereon, then this assurance shall obligate the applicant-recipient or in <br />the case of any transfer of such property, any transferee, for the period during which the property is <br />used for a purpose for which the Federal financial assistance is extended or for another purpose <br />involving the provision of similar services or benefits, or for the period during which it retains <br />ownership or possession of the property whichever is longer. In all other cases, this assurance shall <br />obligate the applicant-recipient for the period during which the Federal financial assistance is <br />extended to it by the Department of the Army. The Department of the Army representatives will be <br />allowed to visit the recipient's facilities. They will inspect the facilities to ensure that there are no <br />barriers to impede the handicap's accessibility in either programs or activities. <br /> <br />THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all <br />Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended <br />after the date hereof to the applicant-recipient by the Department of the Army, including installment <br />payments after such date on account of arrangements for Federal financial assistance which were <br />approved before such date. The applicant-recipient recognizes and agrees that such Federal financial <br />assistance will be extended in reliance on the representations and agreements made in this assurance, <br />and that the United States shall have the right to seek judicial enforcement of this assurance. This <br />assurance is binding on the applicant-recipient, its successors, transferees, and assignees, and the <br /> <br />14 <br />