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� ! " ► <br /> If all of these circumstances are found to exist, the Department shall reimburse apparent <br /> allowable costs incurred (or to be incurred during the requisition period) by the Grantee, from <br /> time to time, but not in excess of the maximum amount of the State share therefor as shown in <br /> the Approved Project Budget. Requisitions shall not be submitted more frequently than <br /> monthly. Reimbursement of any cost pursuant to this ITEM shall not constitute a final <br /> determination by the Department of the allowability of such cost, and shall not constitute a <br /> waiver of any violation of the terms of this Agreement committed by the Grantee. The <br /> Department will make a final determination as to allowability only after a final audit of the <br /> Project has been concluded. <br /> In the event the Department determines that the Grantee is not currently eligible to receive any <br /> or all of the funds requested, it shall promptly notify the Grantee stating the reasons for such <br /> determination. <br /> C. Disallowed Costs- In determining the amount of the Grant, the Department will exclude: (i) all <br /> Project costs incurred by the Grantee prior to the date of this Agreement, or other date <br /> specifically authorized by the Department, whichever is earlier; (ii) costs incurred by the <br /> Grantee which are not provided for in the latest Approved Project Budget for the Project; and <br /> (iii) except as otherwise provided in Department guidelines, costs attributable to goods or <br /> services received under a contract or other arrangement which has not been concurred in or <br /> approved in writing by the Department. Costs of construction performed by employees of the �� <br /> Grantee will also be disallowed as eligible Project costs unless the use of such employees is <br /> specifically approved in advance b the De artment. <br /> Y P <br /> ITEM 13- RIGHT OF DEPARTMENT TO TERMINATE <br /> Upon written notice to the Grantee, the Department reserves the right to suspend or terminate all or <br /> any part of the financial assistance herein provided for(i)when the Grantee is, or has been in <br /> 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 would 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 properfy 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 /> State Capital Grant <br /> Page �.4 <br />