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B. Obligations of the State will cease immediately without penalty or further payment <br /> being required if,in any fiscal year,the Illinois Genera.l Assembly or Federal funding <br /> source fails to appropriate or otherwise make available sufficient funds for this <br /> Agreemen� The Department shall notify the Provider of such funding failure. <br /> C. If the funds awarded are subject to the provisions of the Crrant Funds Recovery Act, <br /> (30 ILCS 705),any funds remaining at the end of the Agreement period which are not <br /> expended or legally obligated by the Provider shall be returned to the Department <br /> within 45 days after the expiration of this Agreemen� The provisions of 89 Ill Adm <br /> Code 511 shall apply to any funds awarded that are subject to the Grant Funds <br /> Recovery Act. <br /> D. If applicable, federal funds received under this Agreement shall be managed in <br /> accordance with the Cash Management Improvement Act of 1990,(31 U.S.C.6501 et. <br /> seq.) and any other applicable federal laws or regulations. <br /> E. The Provider agrees to hold hannless the Departrnent when the Depamnent acts in <br /> good faith to redirect all or a portion of any Provider payment to a third party. The <br /> Deparnnent will be deemed to have acted in good faith if it is in possession of <br /> information that indicates the Provider authorized the Department to intercept or <br /> redirect payments to a third party or when so ordered by a court of competent <br /> jurisdiction. <br /> F. The Agreement amount is established on an estimated basis and may be increased at <br /> any time during the term. The Depamnent may decrease the estimated amount of this <br /> Agreement at any time during the term if the Department believes the Provider will not <br /> utilize the funds during the term, or has utilized funds in a manner that was not <br /> authorized by this Agreement. The Provider will be notified, in writing, of any <br /> adjustment,and/or reason for the adjustment,of the estimated agreement amount. <br /> G. Grant funds disbursed under this Agreement and held 30 days by the Provider will be <br /> placed in an interest-bearing account. Any exceptions to this requirement must be <br /> approved, in writing,by the Department. The provisions ofthe Illinois Grant Furids <br /> Recovery Act shall apply. <br /> 4. SCOPE OF SERVICES <br /> The Provider will provide the services as described herein and in accordance with all <br /> conditions and terms set forth herein and all applicable administrative rules. All <br /> programmatic reporting required under this Agreement is described in the Attachment(s)and <br /> Program Ma.nual(s). <br /> 5. REOUIRED CERTIFICATIONS <br /> The Provider shall be responsible for compliance with the enumerated certifications to the <br /> extent that the certifications legally apply to the Provider,its subcontractors,or subrecipients. <br /> T'he Department recognizes that not all certifications may apply to the Provider, its <br /> subcontractors or subrecipients. It is the Provider's responsibility to determine which <br /> certifications apply to the Provider. <br /> -2- <br />