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. � <br /> Upon the occurrence of any condition or conditions listed in this ITEM for termination or suspension,the Parties <br /> agree that the Government, 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 faited to maintain the Project Facilities as required by this Agreement; <br /> I. The Department determines that the pur{�ose 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 /> ITEM 14-PROJECT SETTLEMENT AND CLOSEAUT <br /> Upon receipt of notice of successful completion of the Project or upon termination by the Department,the Department <br /> shall perform a final audit of the Project to determine the allowabiliry of costs incurred, and shall make a final <br /> determination of amounts due to the Grantee under this Agreement. If the Department has made payment to the <br /> Grantee in excess of the total amount of such Grant,as determined by the Audit,the Grantee shall promptly remit such <br /> excess to the Department. The Project dos�out occurs when the Department notifies the Grantee that the Project is <br /> closed-out and forwards the final Grant payme�t to the Grantee,or when an appropriate refund of state and federal <br /> Grant funds has been received from the Grantee and acknowledged by the Department. Close-out shall be subject to <br /> any continuing obligations imposed on the Grantee by this Agreement or contained in the final notification or <br /> acknowledgment from the Department. <br /> State/Federa!Capital Grant page 1 S ' <br />