R2002-95 AUTHORIZING AN AGREEMENT

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, � timely completion of the Project. If all of these circumstances are found to exist,the Department will reimburse apparent allowable costs incurred(or to be incurred during the requisition period)by the Grantee, , from time to time,but not in excess of the maximum amount of the Grant as shown in the Approved Project Budget. Requisitions may not be submitted more frequently than monthly. Reimbursement of any cost pursusnt to this Agreement shall not�onstitute a final determination by the Department of the allowability of such cost,and such payment shall not constitute a waiver of any violation of the terms of this Agreement committed by the Grantee. The Department will make a flnal determination as to allowability of any payments made to Grantee only after a final audit of the Project has been conducted. In the event that the Department determines that the Grantee is not cuRently eligible to receive any or all of I the funds requested,it shall promptly notity the GraMee stating the reasons for such determination. I C. Disallowed Costs-In determining the amount of the Grant,the Department will exGude:(i)all Project costs i incurred by the Grantee prior to the date of this Agreement,or other date specifically established by the I Department,whichever is earlier,(ii)costs incurred by the Grantee which are not provided for in the latest �I Approved Project Budget;and(iii)except as otherwise provided in Department guidelines,costs attributable � to goods or services received under a contract or other aRangement which has not been concurred in or ; approved in writing by the Department. Costs of construction performed by employees of the Grantee will also be disallowed as eligible Project cost��unless the use of such employees is specifically approved in advance by the Department. � All grants,payments,and obligations of the State under this Agreement are subject to the receipt of funds by the I! State from FTA and/or the"Acts." The State shall not be liable to the Grantee for any failure or delay in performance of its obligations to the Grantee,including but not limited to delays in making payments to Grantee. No debt, ` �I payment or obligation of the State or FTA to the Grantee under this Agreement shall be a general obligation of the %� � � Govemment, but shall be payable, if at all,only from funds received by the State ftom FTA and from the"Acts." � ITEM 13-RIGHT OF DEPARTMENT TO TERMINATE Upon written notice to the Grantee,the Department reserves the right to suspend or terminate all or part of the financial assistance herein provid+ed for when the Grantee is or has been in violation of the terms of this Agreement,for Department convenience,or when the Department determines,in its sole discretion,that the purposes of the Acts authorizing the Grant would not be adequately served by continuation of Govemment financi8l assistance to the Project. Termination of any part of the Grant will not invalidate obligations prope�ly incurred by the Grantee and concuned in by the Department prior to the date of termination,to the extent they are non-cancelable. The acceptance of a remittance by the Department of any or all Project Funds previously received by the Grantee or the closing out of Govemment financial participation in the Project shall not constitute a waiver of any claim which the Govemment may otherwise have arising out of this Agreement. Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension,the Parties agree that the Govemment,by written notice to the Grantee,may elect to withhold or delay payment as provided in the Approved Project Budget,or any portion thereof;or,it payment or payments have already been made pursuant hereto,to recall such payment or payments or any portion thereof. The Grantee agrees that upon receipt of such notice of recall,the Grantee shall immediately retum such Grant payment or payments,or any portion thereof,which the Grantee has received pursuant hereto. The foregoing remedies shall become available to the Department if the Grantee violates the terms of this Agreement and/or if one or more of the of the following occurs: A. There is any misrepreseMation of a material nature in the Grantee's Application,or amendment thereof,or otherwise in respect to this Agreement or in any document or data fumished pursuant hereto,or in any other submission of the Grantee to the Department in connection with the Grant; State/Federal Capital Grant page 14