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<br />Heavener v020107 <br /> <br />this agreement upon an agreement or understanding for a commission, <br />percentage, brokerage, or contingent fee, excepting bona fide employees or <br />bona fide established commercial or selling agencies maintained by the <br />Authority for the purpose of securing business. For breach or violation of <br />this warranty the Government shall have the right to annul this agreement <br />without liability or in its discretion to add to the price or consideration, <br />or otherwise recover the full amount of such commission, percentage, <br />brokerage, or contingent fee. <br /> <br />ARTICLE 12 - Environmental Quality. During any construction, operation, and <br />maintenance by the Authority of any facilities, specific actions will be taken <br />to control environmental pollution which could result from such activity and <br />to comply with applicable Federal, State, and local laws and regulations <br />concerning environmental pollution. Particular attention should be given to: <br /> <br />a. Reduction of air pollution by control of burning, minimization of <br />dust, containment of chemical vapors, and control of engine exhaust gases, and <br />of smoke from temporary heaters; <br /> <br />b. Reduction of water pollution by control of sanitary facilities, <br />storage of fuels and other contaminants, and control of turbidity and <br />siltation from erosion; <br /> <br />c. Minimization of noise levels; <br /> <br />d. On-site and off-site disposal of waste and spoil; and, <br /> <br />e. Prevention of landscape defacement and damage. <br /> <br />ARTICLE 13 - Federal and State Laws. <br /> <br />a. Compliance. In acting under its rights and obligations hereunder, <br />the Authority agrees to comply with all applicable Federal and State laws and <br />regulations, including but not limited to 40 U.S.C. 3141-3148 and 40 U.S.C. <br />3701-3708 (revising, codifying and enacting without substantive change the <br />provisions of the Davis-Bacon Act (formerly 40 U.S.C. 276a et seq.), the <br />Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et <br />seq.), the Copeland Anti-Kickback Act (formerly 40 U.S.C. 276c)); Title 29, <br />Code of Federal Regulations, Part 3; and the applicable provisions of the <br />Uniform Relocation Assistance and Real Property Acquisition Policies Act of <br />1970, Public Law 91-646, as amended (42 U.S.C. 4601-4655). <br /> <br />b. Civil Rights Act. The Authority furnishes, as part of this <br />agreement, an assurance (Exhibit D) that it will comply with Title VI of the <br />Civil Rights Act of 1964 (78 Stat. 241, 42 U.S.C. 2000d, et seq.) and <br />Department of Defense Directive 5500.11 issued pursuant thereto and published <br />in Part 195 of Title 32, Code of Federal Regulations. <br /> <br />c. Regulatory Program. Any discharges of water or pollutants into a <br />navigable stream or tributary thereof resulting from the Authority's <br />facilities and operations undertaken under this agreement shall be performed <br />only in accordance with applicable Federal, State, and local laws and <br />regulations. <br /> <br />d. Lobbying Activities. The Authority furnishes, as part of this <br />agreement, a certification (Exhibit E and if applicable, a Disclosure of <br />Lobbying Activities) that it will comply with Title 31 U.S.C. Section 1352 of <br />the limitation on use of appropriated funds to influence certain Federal <br /> <br />6 <br />