R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARRA, Contract No. 4021 provisions of joint U.S. Treasury/U.S. DOJ regulations, "Standards for the Administrative Collection of Claims", at 31 CFR Parts 901.9(a)-(g). 2. For excess payments made by the Government to the Grantee that do not qualify as a "claim"for purposes of the Debt Collection Act of 1982, as amended, the Grantee agrees that the amount of interest depends on whether the Grantee is a state instrumentality or not. A Grantee that is a state instrumentality agrees that interest will be calculated as provided by U.S. Treasury regulations, "Rules and Procedures for Efficient Federal-State Funds Transfers', 31 CFR Part 205. A Grantee that is not a state instrumentality agrees that common law interest will be calculated as permitted by joint U.S. Treasury and U.S. Department of Justice regulations, "Standards for the Administrative Collection of Claims", at 31 CFR Part 901.9(i). All grants, payments, and obligations of the State under this Agreement are subject to the receipt of funds by the State from FTA and/or the"Acts." The State shall not be liable to the Grantee for any failure or delay in performance of its obligations to the Grantee, including but not limited to delays in making payments to the Grantee. No debt, payment or obligation of the State or FTA to the Grantee under this Agreement shall be a general obligation of the Government, but shall be payable, if at all, only from funds received by the State from FTA and from the"Acts." ITEM 13-RIGHT OF DEPARTMENT TO TERMINATE Upon written notice to the Grantee, the Department reserves the right to suspend or terminate all or part of the financial assistance herein provided for(i)when the Grantee is or has been in violation of the terms of this Agreement, (ii)for Department convenience, or(iii)when the Department determines, in its sole discretion, that the purposes of the Acts authorizing the Grant would not be adequately served by continuation of Government 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 nor the closing out of Government financial participation in the Project shall constitute a waiver of any claim which the Government 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 Government, by written notice to the Grantee, may elect 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 to 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/Federal Capital Grant Page ig