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.25 <br /> 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through <br /> (5)in every sub-contract,including procurement of materials and leases of equipment,unless exempt by <br /> the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action <br /> with respect to any sub-consultant or procurement as the AGENCY,STATE or FHWA may direct as a <br /> means of enforcing such provisions including sanctions for non-compliance. <br /> Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, <br /> litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request <br /> the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the <br /> STATE and,in addition,the CONSULTANT may request the United States enter into such litigation to <br /> protect the interests of the United States. <br /> 239 <br />