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Agreement No.17 75104201 <br /> ARTICLE III <br /> PAYMENT <br /> 3.1. Availability of Appropriation:Sufficiency of Funds.This Agreement is contingent upon and <br /> subject to the availability of sufficient funds.Grantor may terminate or suspend this Agreement,in whole or in <br /> part,without penalty or further payment being required,if(i)sufficient funds for this Agreement have not been <br /> appropriated or otherwise made available to the Grantor by the State or the Federal funding source,(ii)the <br /> Governor or Grantor reserves funds,or(iii)the Governor or Grantor determines that funds will not or may not be <br /> available for payment.Grantor shall provide notice,in writing,to Grantee of any such funding failure and its <br /> election to terminate or suspend this Agreement as soon as practicable.Any suspension or termination pursuant <br /> to this Section will be effective upon the date of the written notice unless otherwise indicated. <br /> 3.2. Illinois Grant Funds Recovery Act.Any Grant Funds remaining that are not expended or legally <br /> obligated by Grantee at the end of the Agreement period,or in the case of capital improvement Awards at the end <br /> of the time period Grant Funds are available for expenditure or obligation,shall be returned to Grantor within <br /> forty-five(45)days in accordance with the Grant Funds Recovery Act(30 ILCS 705/1 etseq.). In the event of a <br /> conflict between the Grant Funds Recovery Act and the Grant Accountability and Transparency Act,the provisions <br /> of the Grant Accountability and Transparency Act shall control.30 ILCS 708/80. <br /> 3.3. Cash Management Improvement Act of 1990.Unless notified otherwise in PART TWO or PART <br /> THREE,Federal funds received under this Agreement shall be managed in accordance with the Cash Management <br /> Improvement Act of 1990(31 USC 6501 et seq.)and any other applicable Federal laws or regulations. <br /> 3.4. Payments to Third Parties.Grantee agrees that Grantor shall have no liability to Grantee when <br /> Grantor acts in good faith to redirect all or a portion of any Grantee payment to a third party.Grantor will be <br /> deemed to have acted in good faith when it is in possession of information that indicates Grantee authorized <br /> Grantor to intercept or redirect payments to a third party or when so ordered by a court of competent jurisdiction. <br /> 3.5. Modifications to Estimated Amount.If the Agreement amount is established on an estimated <br /> basis,then it may be increased by mutual agreement at any time during the Term.Grantor may decrease the <br /> estimated amount of this Agreement at anytime during the Term if(i)Grantor believes Grantee will not use the <br /> funds during the Term,(ii)Grantor believes Grantee has used funds in a manner that was not authorized by this <br /> Agreement,(iii)sufficient funds for this Agreement have not been appropriated or otherwise made available to the <br /> Grantor by the State or the Federal funding source,(iv)the Governor or Grantor reserves funds,or(v)the <br /> Governor or Grantor determines that funds will or may not be available for payment.Grantee will be notified,in <br /> writing,of any adjustment of the estimated amount of this Agreement. In the event of such reduction,services <br /> provided by Grantee under Exhibit A may be reduced accordingly. Grantee shall be paid for work satisfactorily <br /> performed prior to the date of the notice regarding adjustment.2 CFR 200.308. <br /> 3.6. Interest. <br /> (a) All interest earned on Grant Funds held by a Grantee shall become part of the Grant <br /> Funds when earned and be treated accordingly for all purposes,unless otherwise provided in PART TWO <br /> or PART THREE. 30 ILCS 705/10. <br /> (b) Grant Funds shall be placed in an insured account,whenever possible,that bears <br /> interest,unless exempted under 2 CFR Part 200.305(b)(8)or prohibited from doing so by state law.All <br /> interest earned shall be considered Grant Funds and are subject to the same restrictions,unless there is <br /> an applicable Federal program rule that takes precedence. <br /> (c) A Grantee who is required to reimburse Grant Funds pursuant to an action brought <br /> under the Grant Funds Recovery Act, and who enters into a deferred payment plan for the purpose of <br /> State of Illinois <br /> INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2018/3 15 17 <br /> Page 6 of 36 <br />