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DOT-assisted conRacts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in <br />this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this <br />agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for <br />under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act <br />of 1986 (31 U.S.C. 3801). <br />38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be <br />constructed at the airport for the aircraft at the aircrafi owner's expense, the airporl owner or operator will grant to the aircraft owner for the hangar <br />a long term lease that is subject to such terms and conditions on Ihe hangar as the airport owner or operator may impose. <br />39. Competitive Access. <br />a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) <br />has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in <br />order to allow the air carrier to provide service to the airport or to expand service at ihe airport, the airport owner or operator <br />shall transmit a report to the Secretary that- <br />1. Describes the requests; <br />2. Provides an explanation as to why the requests could not be accommodated; and <br />3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. <br />b. Such report shall be due on either February 1 or August i of each year if the airport has been unable to <br />accommodate the request(s) in the six month period prior to the applicable due date. <br />Page 23 of 28 <br />