R2003-23 AUTHORIZING AN AGREEMENT

Home Browse Search

, , � C. Funds of the Grantee-The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. ' D. Changed Conditions Affecting Performance-The Grantee shall immediately notify the Department of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. E. No State Obligations to Third Parties-The Department shall not be subject to any obligations or liabilities by, through, or to contractors of the Grantee or their subcontractors or any other person not a party to this Agreement in connection with the performance of this Project, without its express written consent, notwithstanding the concurrence in or approval of the award by the Department of any contract or subcontract or the solicitation thereof. F. Illinois Law-This Agreement shall be construed in accordance with the laws of the State of Illinois. G. Grantee's Responsibiliry for Compliance— Irrespective of the participation of other parties or third party contractors in connection with the Project, the Grantee will continue to have primary responsibility to the Department for compliance with all state requirements, statues, regulations, executive orders, and/or the Grant Agreement for this Project. ITEM 8 -CONTINUANCE OF SERVICE The Grantee agrees to use its best efforts to continue to provide, either directly or by contract or service agreement, as the case may be, the service(s)for which these Project Facilities are being acquired or constructed, as such services(s) is described in the Grantee's final, approved application. No reduction or termination of such service shall be made without compliance with all applicable statutory and regulatory provisions. At least 30 days prior to (a) any reduction or termination of such service or(b) the filing of a request for such reduction or termination with the appropriate regulatory agency, whichever comes first, the Grantee shall give written notice of the proposed action (or shall require the operator of such service to give such notice) to the Department and all units of local government within the Grantee's service area. ITEM 9—REAL PROPERTY, EQUIPMENT AND SUPPLIES Unless otherwise approved by the Department, the following conditions apply to the Project Facilities financed, in whole or in part, under this Agreement: A. Use of Project Facilities-The Grantee agrees that the Project Facilities will be used for the provision of mass transportation service within the Grantee's service area, substantially in the manner described in the Grantee's final, approved application. Project Facilities may be used for incidental charter or sight-seeing services when not needed for mass transportation service operations. Such Project Facilities shall be used for(a) a period of twenty;(20) years from the completion of the Project, or(b) the period of the useful life of such Project Facilities as determined in accordance with generally accepted accounting principles and Department guidelines, whichever period of time is less. If, during such period, such Project Facilities are � not used for the Project as required by the terms of this Agreement, or are sold or otherwise disposed of, or withdrawn from mass transportation service at the initiative of the Grantee, the State Capital Grant Pa qe '�