R2000-84 AUTHORIZING THE FILING AND EXECUTION OF AMENDMENT NO. 3 OF AN AMENDED APPLICATION

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� , after the date of submission)and any vouchers, invoices,or other documentation, satisfactory to the De artment to substantiate these costs; P (3) where local funds are required,demonstrate or certify that it has supplied local funds adequate, when combined with the state and federal payments,to cover all costs to be incurred through the end of the requisition period; (4) have submitted all financial and progress reports currently required by the Department;and (5) have received approval by the Department for all budget revisions required to cover all costs to be incurred through the end of the requisition period. B. Payment by the Department-Only costs incurred in accordance with the terms and conditions of this Agreement shall be reimbursable. Upon receipt of the requisition form and the accompanying information, in form satisfactory to the Department,the Department shall process the requisition, provided that the Grantee is not in violation of any of the terms of this Agreement, has satisfied the Department of its need for the funds requested during the requisition period,and is making progress,satisfactory to the Department,towards the 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 pursuant to this Agreement shall not constitute 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 final 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 currently eligible to receive any or all of the funds requested, it shall promptly notify the Grantee stating the reasons for such determination. C. Disallowed Costs- In determining the amount of the Grant,the Department will exclude: (i)all Project costs incurred by the Grantee prior to the date of this Agreement, or other date specifically established by the Department,whichever is earlier; (ii)costs incurred by the Grantee which are not provided for in the latest Approved Project Budget;and(iii)except as otherwise provided in Department guidelines,costs attributable to goods or services received under a contract or other arrangement 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 costs 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 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, payment or obligation of the State or FTA to the Grantee under this Agreement shall be a general obligation of the Government, but shall be payable, if at all,only from funds received by the State from 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 provided for when the Grantee is or has been in violation of the terms of this Agreement,for Department convrenienee,or when the Departmerrt determines,in its sole discretion,that the'purposes of the Acts authorizing the�rant would not be adequately served by continuation of Government financial assistance to the Project. Termination of aniy�Sart of the Grant will not invalidate obligations prope►by incurred by the Grantee and concurred in by the Depar�rr�r�!prior to thet date of te�rmin�tion,to the extent they are non-cancelable. The acceptance of a remittance by the Department of any or alt 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. State/Federal Capitaf Grant page 14 '