Laserfiche WebLink
, 1 <br /> ITEM 13-RIGHT OF DEPARTMENT TO TERMINATE <br /> Upon written notice to the Grantee,the Department reserves the right to suspend or terminate all or part of the financial <br /> assistance herein provided for when the Grantee is or has been in violation of the terms of this Agreement,for <br /> Department convenience,or when the Department determines,in its sole discretion,that the purposes of the Acts <br /> authorizing the Grant would not be adequately served by continuation of Govemment financial assistance to the <br /> Project. Termination of any part of the Grant will not invalidate obligations properly incurred by the Grantee and <br /> concurred in by the Department prior to the date of termination,to the extent they are non-cancelable. The acceptance <br /> of a remittance by the Department of any or all Project Funds previously received by the Grantee or the closing out of <br /> Govemment financial participation in the Project shall not constitute a waiver of any claim which the Government may <br /> otherwise have arising out of this Agreement. <br /> Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension,the Parties <br /> agree that the Govemment, by written notice to the Grantee,may elect to withhold or delay payment as provided in <br /> the Approved Project Budget,or any portion thereof;or,if payment or payments have already been made pursuant <br /> hereto,to recall such payment or payments or any portion thereof. The Grantee agrees that upon receipt of such <br /> notice of recall,the Grantee shall immediately return such Grant payment or payments,or any portion thereof,which <br /> the Grantee has received pursuant hereto. <br /> The foregoing remedies shall become available to the Department if the Grantee violates the terms of this <br /> Agreement and/or if one or more of the of the following occurs: <br /> A. There is any misrepresentation of a material nature in the Grantee's Application,or amendment thereof,or <br /> otherwise in respect to this Agreement or in any document or data furnished pursuant hereto,or in any <br /> other submission of the Grantee to the Department in connection with the Grant; <br /> B. There is pending litigation which, in the opinion of the Secretary of the Department,may jeopardize the <br /> 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 regulations,ordinances <br /> or statutes applicable to the Grantee,its officers or employees which, in the opinion of the <br /> Department, affects this Agreement; <br /> D. Any contributions 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 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 endangers <br /> substantial 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 purpose of the Acts would not be adequately served by continuation <br /> of state or federal assistance to the Project;or <br /> J. The State Legislature fails to make sufficient appropriations for this Grant. - <br /> Grantee shall include similar provisions for suspension or termination in its third party contracts. Such contracts <br /> shall also describe conditions under which the contract may be terminated for default and for circumstances beyond <br /> the control of the contractor or subcontractor. <br /> State/Federal Capital Grant page I S <br />