R2001-90 AUTHORIZING THE FILING AND EXECUTION OF CONTRACT

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, ' such inspections shall be pertormed without disruption or interference with service provided or supported by this Agreement. The results or conclusions of such inspections, tests, and reports shall not be construed as altering in any way the Grantee's responsibility to maintain and repair such facilities, maintain its work schedule, or any other obligation assumed by the Grantee thereunder. In accordance with 49 USC 5325a,the Grantee agrees to require each third party whose contract award is not � based on competitive bidding procedures as defined by the U.S. Secretary of DOT to permit the Secretary, Comptroller General of the U.S., the Department, or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract and audit the books, records, and accounts involved. D. Project Close-out. Project close-out does not alter these reporting and record retention requirements. 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 provided for when the Grantee is,or has been in violation of the terms of this Agreement or when the Department determines that the purpose of the Acts would not be adequately served by continuation of State financial assistance to the Project. Termination of any part of the Grant will not invalidate obligations properly incurred by the Grantee and concurred in by the Department prior to the date of termination,to the extent they are noncancellable. The acceptance of a remittance by the State of any or all Project Funds previously received by the Grantee or the closing out of State financial participation in the Project shall not constitute a waiver of any claim which the State may otherwise have arising out of this Agreement. Upon the occurrence of any condition or conditions listed in this ITEM,the Parties agree that the Department, 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, if 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 return such Grant payment or payments, or any portion thereof,which the Grantee has received pursuant hereto. For example,the foregoing remedies shall become available to the Department if one of the following occurs: A. There is any misrepresentation of a material nature in the Grantee's Application, or amendment thereof, or in respect to this Agreement or any document or data furnished pursuant hereto, or any other submission of the Grantee required by the Department in connection with the Grant; B. There is pendi�g litigation which, in the opinion of the Secretary, may jeopardize the Grant or this Agreement; C. There has been, in connection with the Grant, any violation of the state or federal regulations, ordinances or statutes applicable to the Grantee, its officers or employees which, in the opinion of the Secretary, affects this Agreement; D. Any contributions provided by the State pursuant to this Agreement are used for an ineligible purpose; E. The Grantee is unable to substantiate the proper use of the Grant provided pursuant to this Agreement; F. The Grantee is in default under any of the provisions of this Agreement; G. There is a failure to make progress which significantly endangers substantial performance of the Project within a reasonable time. Such failure shall be deemed to be a violation of the terms of this Agreement; H. The Grantee has failed to maintain the Project Asset(s)as required by this Agreement;or I. The Department determines that the purpose of the Acts would not be adequately served by continuation of state and/or federal assistance to the Project. Asset Transfer Agreement page 12