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furnished pursuant hereto, or in any other submission of the Grantee required by the Department <br /> in connection with the Grant; - <br /> b. There is pending litigation which, in the opinion of the Secretary of the Department, may - <br /> jeopardize the Grant or the carrying out of this Agreement; <br /> c. There has been, in connection with the Grant, any violation of the State or Federal <br /> regulations, ordinances or statutes applicable to the Grantee, its officers or employees which, in <br /> the opinion of the Secretary, affects this Agreement; <br /> d. Any funds provided by the Department pursuant to this Agreement are used for an ineligible <br /> purpose; <br /> e. The Grantee is unable to substantiate the proper use of the Grant provided pursuant to this <br /> Agreement; <br /> f. The Grantee is in default under any of the provisions of this Agreement; <br /> g. There is a failure to make progress which, in the judgment of the Department, significantly <br /> endangers substantial completion of performance of the Project within a reasonable time. <br /> h. The Grantee has failed to maintain the Project Facilities as required by this Agreement; <br /> i. The Department determines that the purposes of the Acts would not be adequately served by <br /> continuation of State assistance to the Project, or <br /> ' n a ro riations for this Grant. <br /> j. The state Legislature fails to make sufficie t pp p <br /> ITEM 14- PROJECT SETTLEMENT AND CLOSE-OUT <br /> Upon receipt of notice of successful completion of the Project or upon termination by the <br /> Department, the Department shall perform a final audit of the Project to determine the allowabiliry of <br /> costs incurred, and shall make settlement of the Grant described in this Agreement. If the <br /> Department has made payment to the Grantee in excess of the total amount of such Grant, as <br /> determined by final audit, the Grantee shall promptly remit such excess to the Department. The <br /> Project close-but occurs when the Department notifies the Grantee that the Project is closed-out and <br /> forwards the final Grant payment, as determined by final audit, to the Grantee, or when an <br /> appropriate refund of Grant funds, as determined by final audit, has been received from the Grantee <br /> and acknowledged by the Department. Close-out shall be subject to any continuing obligations <br /> imposed on the Grantee by this Agreement or contained in the final notification or acknowledgment <br /> from the Department. <br /> ITEM 15-GRANTEE'S WARRANTIES = <br /> The Grantee represents that it has lawfully entered into this Agreement. The Grantee further agrees <br /> to initiate and consummate any and all other actions that may later be necessary to make this a legal <br /> and binding obligation and agreement of the Grantee. The Grantee warrants that there is no <br /> provision of its charter or by-laws, or any rules, regulations, or legislation which prohibits, voids, or <br /> otherwise renders unenforceable against the Grantee any provision or any clause of this Agreement <br /> or any law referred to in this Agreement. The Grantee warrants further(i)that it has paid all federal, <br /> state and focal taxes levied or imposed and will continue to do so, excepting only those which may <br /> State Capital Grant <br /> Paqe 15 <br />