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Page 6 of 7 <br /> 18. Disputes <br /> Only the Recipient may appeal to the Illinois EPA under this provision with respect to its <br /> subagreements thereunder for its own name and benefit. Neither a Recipient nor a <br /> subcontractor of a Recipient may prosecute an appeal under the disputes provision of a <br /> financial assistance agreement in its own name or interest. <br /> Any dispute arising under the Agreement which is not disposed of by the financial <br /> assistance agreement shall be decided by the Director of the Illinois EPA or a duly <br /> authorized representative, who shall render a decision in writing and mail or otherwise <br /> fumish a copy thereof to the Recipient. The decision of the Director of the Illinois EPA <br /> shall be final and conclusive. <br /> This "disputes" clause does not preclude consideration of questions of law in connection <br /> with decisions provided in the previous paragraph. <br /> 19.Amendments <br /> This Agreement and any attachments hereto constitute the entire Agreement between <br /> the parties. No amendment to this Agreement shall take effect until approved by the <br /> Illinois EPA and Recipient in writing. <br /> 20.Termination <br /> This Agreement may be terminated in whole or in part in writing by either party in the <br /> event of substantial failure by either party to fulfill its obligations under this Agreement <br /> through no fault of the terminating party, provided that no termination may be effected <br /> unless the other party is given 1) not less than ten (10) calendar days written notice <br /> (delivered by certified mail, return receipt requested) of intent to terminate, and 2) an <br /> opportunity for consultation with the terminating party prior to termination. <br /> This Agreement may be terminated in whole or in part in writing by the Illinois EPA for its <br /> convenience, provided that the Recipient is given 1) not less than ten (10) calendar days <br /> written notice (delivered by certified mail, return receipt requested) of intent to terminate, <br /> and 2) an oppo�tunity for consultation with the Illinois EPA prior to termination. <br /> If termination for default is effected by the Illinois EPA, an equitable adjustment in the <br /> price provided for in this Agreement shall be made, but 1) no amount shall be allowed <br /> for anticipated profit on unperformed services or other work, and 2) any payment due to <br /> the Recipient at the time of termination may be adjusted to cover any additional costs to <br /> the Illinois EPA because of the Recipients default. If termination for default is effected <br /> by the Recipient, or if termination for convenience is effected by the Illinois EPA, the <br /> equitable adjustment shall include a reasonable profit for services o� other work <br /> performed. The equitable adjustment for any termination shall provide payment to the <br /> Recipient for services rendered and expenses incurred prior to the termination, in <br /> addition to termination settlement costs reasonably incurred by the Recipient relating to <br /> commitments which have become �rm prior to the termination. <br /> CondiUons/Certifications <br /> March 2005 <br />