Common use of Termination of the Program Clause in Contracts

Termination of the Program. A. Termination by the FHWA 1. As provided at 23 U.S.C. 326(d)(1), FHWA may terminate the State’s participation in the Program, in whole, at any time subject to the procedural requirements in 23 U.S.C. 326 and Stipulation IX(A)(2) below, if: a. FHWA determines that the State is not adequately carrying out the responsibilities assigned to the State under this MOU. See Stipulation IV(F)(3)(d); b. FHWA provides to the State a written notification of its determination; c. FHWA provides the State a period of at least one-hundred twenty (120) calendar days to take corrective action to comply with this MOU; d. If requested by the Governor of the State, FHWA provides a detailed description of each responsibility in need of corrective action regarding any inadequacy identified by FHWA; and e. After the notification and after the expiration of the 120-day period provided under this provision, the State fails to take satisfactory corrective action as determined by FHWA. 2. Failure to adequately carry out the responsibilities may include, but not be limited to: a. Persistent neglect of, or noncompliance with, any Federal laws, regulations, and policies; b. Failure to cooperate with FHWA in conducting an audit or any oversight or monitoring activity; c. Failure to secure or maintain adequate personnel and financial resources to carry out the responsibilities assumed; d. Substantial noncompliance with this MOU; or e. Persistent failure to adequately consult, coordinate, and/or take the concerns of other Federal agencies and Indian Tribes, as well as SHPOs/THPOs, into account in carrying out the responsibilities assumed. 3. If FHWA terminates the State’s responsibilities under this MOU in accordance with 23 U.S.C. §326, FHWA shall provide written notice of that termination to the State, and such notice that specify the date on which the termination becomes effective. Upon that effective date, the program responsibilities that have been assumed by the State of this MOU will transfer to FHWA.