R98-65 AUTHORIZING THE EXECUTION OF AMENDMENT

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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 Facilities as required by this Agreement; i. The Department determines that the purpose of the Acts would not be adequately served by continuation of State assistance to the Project, or j. The state Legislature fails to make sufficient appropriations for this Grant. ITEM 14-PROJECT SETTLEMENT AND CLOSE-OUT Upon receipt of notice of successful completion of the Project or upon termination by the Department, the Department shall perform a final audit of the Project to determine the allowability of costs incurred, and shall make settlement of the State grant described in this Agreement. If the Department has made payment to the Grantee in excess of the total amount of such State Grant,the Grantee shall promptly remit such excess to the State. The Project close-out occurs when the Department notifies the Grantee and forwards the final Grant payment or when an appropriate refund of State grant funds has been received from the Grantee and acknowledged by the Department. Close-out shall be subject to any continuing obligations imposed on the Grantee by this Agreement or contained in the final notification or acknowledgment from the Department. ITEM 15-GRANTEE'S WARRANTIES � Grantee agrees to initiate and consummate all actions necessary to enable it to enter into this Agreement. Grantee warrants that there is no provision of its charter, by-laws or any rules, regulations, or legislation which prohibits, voids, or otherv✓ise renders unenforceable against Grantee any provision or clause of this Agreement. Grantee warrants further that it has paid all Federal, State and local taxes levied or imposed and will continue to do so, excepting only those which may be contested in good faith, that Grantee has or will obtain all licenses, permits or other authorizations required to meet the obligations assumed hereunder and that Grantee will comply with all lawful statutes,•ordinances, rules,�and regulations as may apply to the obligations assumed hereunder. Grantee agrees that upon execution of this Agreement, Grantee will deliver to the Department: a. An opinion of counsel, acceptable to the Department that Grantee is an eligible participant, that Grantee has complied fully with the pertinent requirements of State and Federal law, its charter, bylaws and internal procedures;that there is no pending litigation concerning the authority of Grantee to enter into this Agreement,and that this Agreement is legally binding upon Grantee; and b. A certified copy of the resolution of its governing board authorizing and approving execution of this Agreement; and c. An executed copy of the"State of Illinois Drug Free Workplace Certification." ITEM 16-CONTRACTS OF THE GRANTEE Except as otherwise provided in Department guidefines or as otherwise specifically approved in writing by the Department, the Grantee shall not execute any contract or obligate itself in any other manner with any third . party with respect to the Project. All contracts must be approved by the Department prior to the Grantee executing the contract. All contracts shall contain all applicable contract clauses pursuant to state requirements. State Capital Grant 14