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M n DOT Agreement No. 1033695 <br /> 6.8.2. However, the Company will be entitled to payment, determined on a pro rata basis for services <br /> satisfactorily performed to the extent that funds are available. The State will not be assessed any <br /> penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or <br /> other funding source, not to appropriate funds.The State shall provide the Company notice of the <br /> lack of funding within a reasonable time of the State's receiving that notice. <br /> 6.9. Non Discrimination. If the Company enters into an agreement with a contractor, to perform all or any <br /> portion of the Company's work set forth in this Agreement,the Company for itself, its assigns and successors <br /> in interest, agrees that it will not discriminate in its choice of contractors and will include all of the <br /> nondiscrimination provisions in this Agreement and as set forth in Exhibit C. <br /> 6.10. Disadvantaged Business Enterprise. The disadvantaged business enterprise requirements of 49 CFR 26, <br /> apply to this Agreement. The Company shall insure that disadvantaged business enterprises as defined in <br /> 49 CFR 26, have the maximum opportunity to participate in the performance of contracts,financed in whole <br /> or in part with federal funds. In this regard, the Company shall take all necessary and reasonable steps in <br /> accordance with 49 CFR 26, to insure that disadvantaged business enterprises have the maximum <br /> opportunity to compete for and perform any contracts awarded under this Agreement.The Company shall <br /> not discriminate on the basis of race,color,national origin,or sex in the award and performance of contracts <br /> under this Agreement. Failure to carry out the above requirements constitutes breach of this Agreement, <br /> and may result in termination of the Agreement by the State, and possible debarment from performing <br /> other contractual services with the Federal Department of Transportation. <br /> 6.11. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, <br /> governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, will be <br /> in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. <br /> THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK <br /> 7 <br />