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or approved by the WTSC, be used only for the performance of this Agreement.30.3.The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC whichresults from the negligence of the SUB-RECIPIENT or which results from the failure on the part of theSUB-RECIPIENT to maintain and administer that property in accordance with sound managementpractices.30.4.If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notifythe WTSC and shall take all reasonable steps to protect the property from further damage.30.5.The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,termination, or cancellation of this Agreement.30.6.All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT'semployees, agents, or sub- contractors.31.WAIVERA failure by either party to exercise its rights under this Agreement shall not preclude that party fromsubsequent exercise of such rights and shall not constitute a waiver of any other rights under thisAgreement.APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300APPENDIX A):32.BUY AMERICA ACTThe SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasingitems using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, andmanufactured products produced in the United States, unless the Secretary of Transportation determinesthat such domestically produced items would be inconsistent with the public interest, that such materialsare not reasonably available and of a satisfactory quality, or that inclusion of domestic materials willincrease the cost of the overall project contract by more than 25 percent. In order to use federal funds topurchase foreign produced items, the WTSC must submit a waiver request that provides an adequatebasis and justification, and which is approved by the Secretary of Transportation.33.DEBARMENT AND SUSPENSIONInstructions for Lower Tier Certification33.1.By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lowertier participant”) is providing the certification set out below and agrees to comply with the requirementsof 2 CFR part 180 and 23 CFR part 1200.33.2.The certification in this section is a material representation of fact upon which reliance was placedwhen this transaction was entered into. If it is later determined that the lower tier participant knowinglyPage 13 of 20