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violation of the terms of this Agreement, (ii)for Department convenience, or(iii)when the <br /> Department determines, in its sole judgment, that the purpose of the Acts woutd not be adequately <br /> served by continuation of Department financial assistance to the Project. Termination of any part of <br /> the Grant will not invalidate obligations properly incurred by the Grantee and concurred in by the <br /> Department prior to the date of termination, to the extent they are non-cancelable. Neither the <br /> acceptance of a remittance by the Department of any or all Project Funds from the Grantee or the <br /> closing out of State financial participation in the Project shall not constitute a waiver of any claim <br /> which the State may otherwise have arising out of this Agreement: <br /> Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension, <br /> the Parties agree that the Department, by written notice to the Grantee, may elect to withhold or <br /> delay payment as provided in the Approved Project Budget, or any portion thereof; or, if payment or <br /> payments have already been made pursuant hereto, to recall such payment or payments or any <br /> portion thereof. The Grantee agrees that upon receipt of such notice of recall the Grantee shall <br /> immediately return such Grant payment or payments, or any portion thereof,which the Grantee has <br /> received pursuant hereto. <br /> The foregoing remedies shall become available to the Department if the Grantee violates the terms <br /> of this Agreement and/or if one or more of the following occurs: <br /> a. There is any misrepresentation of a material nature in the Grantee's Application, or <br /> amendment thereof, or otherwise in respect to this Agreement, or in any document or data <br /> furnished pursuant hereto, or in any other submission of the Grantee required by the Department <br /> in connection with the Grant; <br /> b. There is pending litigation which, in the opinion of the Secretary of the Department, may <br /> jeopardize the Grant or the carrying out of this Agreement; <br /> c. There has been, in connection with the Grant, any violation of the State or Federal <br /> regulations, ordinances or statutes applicable to the Grantee, its officers or employees which, in , <br /> the opinion of the Secretary, affects this Agreement; <br /> d. Any funds provided by the Department pursuant to this Agreement are used for an ineligible <br /> purpose; <br /> e. The Grantee is unable to substantiate the proper use of the Grant provided pursuant to this <br /> Agreement; <br /> f. The Grantee is in default under any of the provisions of this Agreement; <br /> g. There is a failure to make progress which, in the judgment of the Department, significantly <br /> endangers substantial completion of performance of the Project within a reasonable time; <br /> h. The Grantee has failed to maintain the Project Facilities as required by this Agreement; <br /> i. The Department determines that the purposes of the Acts would not be adequately served by <br /> continuation of State assistance to the Project; or <br /> j. The state Legislature fails to make sufficient appropriations for this Grant. <br /> State Capital Grant <br /> Pa ge 15 <br />