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

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CAP-10-962-ARRA, Contract No. 4021 C. There has been, in connection with the Grant, any violation of the state or federal regulations, ordinances or statutes applicable to the Grantee, its officers or employees which, in the opinion of the Department, affects this Agreement; D. Any funds provided by the Department pursuant to this Agreement are used for an ineligible purpose; E. The Grantee is unable to substantiate the proper use of the Grant provided pursuant to this Agreement; F. The Grantee is in default under any of the provisions of this Agreement; G. There is a failure to make progress which, in the judgment of the Department, significantly endangers substantial completion of performance of the Project within a reasonable time; H. The Grantee has failed to maintain the Project Facilities as required by this Agreement; I. The Department determines that the purposes of the Acts would not be adequately served by continuation of state or federal assistance to the Project; or J. The State Legislature fails to make sufficient appropriations for this Grant. The Grantee shall include similar provisions for suspension or termination in its third party contracts. Such contracts shall also describe conditions under which the contract may be terminated for default and for circumstances beyond the control of the contractor or subcontractor. ITEM 14-PROJECT SETTLEMENT AND CLOSE-OUT Upon receipt of notice of successful completion of the Project or upon termination by the Department, the Department shall perform a final audit of the Project to determine the allowability of costs incurred, and shall make a final determination of amounts due to the Grantee under this Agreement. If the Department has made payment to the Grantee in excess of the total amount of such Grant, as determined by final audit, the Grantee shall promptly remit such excess to the Department. The Project close-out occurs when the Department notifies the Grantee that the Project is closed-out and forwards the final Grant payment, as determined by final audit, to the Grantee, or when an appropriate refund of state and federal Grant funds, as determined by�nal audit, has been received from the Grantee and acknowledged by the Department. Close-out shall be subject to any continuing obligations imposed on the Grantee by this Agreement or contained in the final notification or acknowledgment from the Department. ITEM 15-GRANTEE'S WARRANTIES The Grantee represents that it has lawfully entered into this Agreement. The Grantee further agrees to initiate and consummate any and all other actions that may later be necessary to make this a legal and binding obligation and agreement of the Grantee. The Grantee warrants that there is no provision of its charter or by-laws, or any rules, regulations, or legislation which prohibits, voids, or otherwise renders unenforceable against the Grantee any provision or any clause of this Agreement or any law referred to in this Agreement. The Grantee warrants further(i)that it has paid all federal, state and local taxes levied or imposed and will continue to do so, excepting only those which may be contested in good faith, (ii)that the Grantee has or will obtain all licenses, permits or other authorizations required to meet the State/Federal Capital Grant Page 19