10. General Provisions Clauses The attached general provisions clauses shall be incorporated into the Lease provided for herein: Attachment B. Federal Procurement Regulations, The Government agrees and shall become bound by this signature immediately upon and to the extent that there are appropriated and apportioned funds for the Compliance Test Facility. Dr. James B. Gregory, Administrator National Highway Traffic Safety Administration DATE: GENERAL PROVISIONS, CERTIFICATION AND INSTRUCTIONS GSA STANDARD FORM 2-A GENERAL PROVISIONS 1. SUBLETTING. THE PREMISES. The Government shall not assign the Lease in any event, and shall not sublet any part of the premises except upon written approval by the Board and for a similar purpose, but in such event the Government shall not be relieved from any obligations under this lease by reason of any such subletting. The Board shall provide structural and exterior maintenance for all buildings and structures of the CTF complex including maintenance of such buildings and structures in a weather tight condition at all times. The Board shall also maintain in good usable condition all utility lines, storm and sewer lines, -fencing, access roads, service roads, paved storage areas and parking areas. During the term of the contractor's maintenance bond, the Board shall also correct any and all patent or latent defects in construction of the CTF complex and improvements to the CTF site that were not provided by the Government at its expense. 3. DAMAGE BY FIRE OR OTHER CASUALTY. If the CTF complex is totally destroyed by fire or other casualty (including tornado, windstorm, destruction as a result of war, insurrection, civil disorder or any other cause) so as to render the premises untenancable, as determined by the Government, the Government may terminate the lease by giving written notice to the Board within 15 days thereafter. destruction. If so terminated no rent shall accrue after such If the CTF complex is partially destroyed or damaged the Government shall not have an option to terminate the lease. If the lease is not terminated in accordance with the option given to the Government in the event of total destruction, or in the event of a partial destruction or damage, the Board shall within sixty days after such destruction or partial destruction commence replacement of the CTF complex and shall pursue with reasonable diligence such replacement to complete all necessary construction at the earliest possible date. Where the lease is not terminated, and there is any loss of use of occupancy by the Government of the leased premises, the Government shall receive a monthly rental credit (against each monthly rental installment) for the daily pro-rated loss incurred, including any loss of use or occupancy of any other space or facility which is not destroyed, but which is rendered ineffective or unusable, in the opinion of the Government, as a result of the basic loss. 4. ALTERATIONS. The Government shall have the right to improve the CTF site, and construct buildings, structures and facilities within the CTF site, at its own expense. with the concurrence of the Board; or may negotiate with the Board to provide such improvements upon mutually agreeable terms by an amendment or supplement to this Agreement or the Lease provided for herein. Upon termination of the lease, or during the term of occupancy, any improvements made by the Government to the CTF site may, at the option of the Government (a) be removed by the Government and the property restored to its original condition, less fair wear and tear, (b) disposed of sale to the Board under such terms as may be muually agreeable, or (c) left in place in lieu of restoration. A joint physical survey and inspection report of the demised premises shall be made as of the Government's actual possession date, reflecting the then present condition, and will be signed on behalf of the parties hereto. The Board warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bo..e fide employees or bona fide established commercial or selling agencies maintained by the Board for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtain a such licenses for the sole purpose of effecting this lease, may be considered as bona fide employees or agencies within the exception contained in this clause.) No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit. 8. ASSIGNMENT OR CLAIMS. Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this lease provides for payments aggregating $1,000 or more, claims for monies due or to become due the Board from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned or reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustce for two or more parties participating in such financing. Notwithstanding any provisions of this contract, payments to an assignee of any monis due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or set-off. (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60).), During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to assure that applicants are' employed, and that employees are treated during employme, without regard to their race, color, religion, sex, or natic al origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termina tion; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this Equal Opportunity clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause, and shall post copies of |