R2014-116 EXECUTION OF PUBLIC TRANSPORTATION CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-14-1034-ILL, Contract No. 4464 The Department will make a final determination as to allowability only after a final audit of the Project has been concluded. In the event the Department determines that the Grantee is not currently eligible to receive any or all of the funds requested, it shall promptly notify the Grantee stating the reasons for such determination. C. Disallowed Costs - In determining the amount of the Grant, the Department will exclude: (i) all Project costs incurred by the Grantee prior to the date of this Agreement, or other date specifically authorized by the Department, whichever is earlier; (ii) costs incurred by the Grantee which are not provided for in the latest Approved Project Budget for the Project; and (iii)except as otherwise provided in Department guidelines, costs attributable to goods or services received under a contract or other arrangement which has not been concurred in or approved in writing by the Department. Costs of construction performed by employees of the Grantee will also be disallowed as eligible Project costs unless the use of such employees is specifically approved in advance by the Department. ITEM 13 - RIGHT OF DEPARTMENT TO TERMINATE Upon written notice to the Grantee, the Department reserves the right to suspend or terminate all or any part of the financial assistance herein provided for(i)when the Grantee is, or has been in violation of the terms of this Agreement or any other grant between the Grantee and the Department, (ii) for just cause as deemed by the Department, or(iii)when the Department determines, in its sole judgment, that the purpose of the Acts would not be adequately served by continuation of Department financial assistance to the Project. Termination of any part of the Grant will not invalidate obligations properly incurred by the Grantee and concurred in by the Department prior to the date of termination, to the extent they are non-cancelable. Neither the acceptance of a remittance by the Department of any or all Project Funds from the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may otherwise have arising out of this Agreement. Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension, the Parties agree that the Department may elect, by written notice to the Department, to withhold or delay payment as provided in the Approved Project Budget, or any portion thereof; or, if payment or payments have already been made pursuant hereto, to recall such payment or payments or any portion thereof. The Grantee agrees that upon receipt of such notice of recall the Grantee shall immediately return such Grant payment or payments, or any portion thereof, which the Grantee has received pursuant hereto. The foregoing remedies shall become available to the Department if the Grantee violates the terms of this Agreement and/or if one or more of the following occurs: a. There is any misrepresentation of a material nature in the Grantee's Application, or amendment thereof, or otherwise in respect to this Agreement, or in any document or data furnished pursuant hereto, or in any other submission of the Grantee required by the Department in connection with the Grant; b. There is pending litigation which, in the opinion of the Secretary of the Department, may jeopardize the Grant or the carrying out of this Agreement; State Capital Grant Page 15