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If all of these circumsta ces are found to exist, the Department shall reimburse apparent <br />' allowable costs incurre (or to be incurred during the requisition period) by the Grantee, from <br /> time to time, but not in xcess of the maximum amount of the State share therefor as shown in <br /> the Approved Project B dget. Requisitions shall not be submitted more frequently than <br /> monthly. Reimbursem nt of any cost pursuant to this ITEM shall not constitute a final <br /> determination by the D partment of the allowability of such cost, and shall not constitute a <br /> waiver of any violation f 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 concl ded. <br /> " In the event the Depart ent determines that the Grantee is not currently eligible to receive any <br /> or all of the funds requ sted, it shall promptly notify the Grantee stating the reasons for such <br /> determination. <br /> C. Disallowed Costs- In d termining the amount of the Grant, the Department will exclude; (i) all _ <br /> Project costs incurred the Grantee prior to the date of this Agreement, or other date <br /> specifically authorized y the Department, whichever is earlier; (ii)costs incurred by the <br /> Grantee which are not rovided for in the latest Approved Project Budget for the Project; and <br /> (iii) except as otherwis provided in Department guidelines, costs attributable to goods or <br /> services received unde a contract or other arrangement which has not been concurred in or <br /> approved in writing by t e Department. Costs of construction performed by employees of the <br /> Grantee witl also be dis Ilowed as eligible Project costs unless the use of such employees is <br /> specifically approved in advance by the Department. <br /> ITEM 13 -RIGHT OF DEPA TMENT TO TERMINATE <br /> .Upon written notice to the Gr ntee, the Department reserves the right to suspend or terminate all or <br /> any part of the financial assis ance herein provided for(i)when the Grantee is, or has been in <br /> violation of the terms of this greement, (ii)for Department convenience, or(iii)when the <br /> Department determines, in it sole judgment, that the purpose of the Acts would not be adequately <br /> served by continuation of De artment financial assistance to the Project. Termination of any part of <br /> the Grant will not invalidate o ligations properly incurred by the Grantee and concurred in by the <br /> Department prior to the date f termination, to the extent they are non-cancelable. Neither the <br /> acceptance of a remittance b the Department of any or all Project Funds from the Grantee or the <br /> closing out of Siafe flnancial articipation in the Project shall not constitute a waiver of any claim <br /> which the State may otherwi e have arising out of this Agreement. <br /> Upon the occurrence of any ondition or conditions listed in this ITEM for termination or suspension, <br /> the Parties agree that the De artment, by written notice to the Grantee, may elect to withhold or <br /> delay payment as provided i 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 Grante agrees that upon receipt of such notice of recall the Grantee shall <br /> immediately return such Gra t payment or payments, or any portion thereof, which the Grantee has <br /> received pursuant hereto. <br /> The foregoing remedies shal become available to the Department if the Grantee violates the terms <br /> of this Agreement and/or if o e or more of the of the following occurs: <br /> a. There is any misrep sentation of a material nature in the Grantee's Application, or <br /> amendment thereof, or herwise in respect to this Agreement, or in any document or data <br /> State Capital Grant <br /> Page 14 <br />