R98-65 AUTHORIZING THE EXECUTION OF AMENDMENT

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intent. Such contrary intent might be evidenced by a letter signed by the Department, the language of which modifies or otherwise conditions the text of a particular provision of this Agreement. Likewise, new state laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement. To achieve compliance with changing state requirements, the Grantee agrees to include in all sub-grantee agreements and third party contracts financed with Department assistance specific notice that state requirements may change and the changed requirements will apply to the Project as required. c. Funds of the Grantee - The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. d. �hanged Conditions Affecting Performance -The Grantee shall immediately nQtify the Department of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. e. No State Obligations to Third Parties - The Department shall not be subject to any obligations or liabilities by contractors of the Grantee or their subcontractors or any other person not a party to this Agreement in connection with the performance of this Project pursuant to the provisions of this Agreement without its specific written consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. f. Illinois Law- This Agreement shall be construed in accordance with the laws of the State of Illinois. 1TEM 8-CONTINUANCE OF SERVICE The Grantee agrees to use its best efforts to continue to provide, either directly or by contract, as the case may be, the service described in the Grantee's final, approved application. No reduction or termination of such service shall be made without compliance with all applicable statutory and regulatory provisions. At least 30 days prior to (a) any reduction or termination of such service or(b)the filing of a request for•such reduction or termination with the appropriate regulatory agency,whichever comes first,the Grantee shall give written notice of the proposed action (or shall require the operator of such service to give such notice)to the Department and all units of local government within the Grantee's service area. ITEM 9-REAL PROPERTY, EQUIPMENT AND SUPPLIES a. Use of PrQject Facilities-The Grantee agrees that the Project Facilities will be used for the provision of mass transportation service within the Grantee's service area substantially as described in the Grantee's final, approved application. Project Facilities may be used for incidental charter or sight-seeing services when not needed for mass transportation service operations. Such Project Facilities shall be used for(a)a period of twenty(20)years from the completion of the Project, or(b)the period of the useful life of such Project Facilities as determined in accordance with generally accepted accounting principles and Department guidelines,whichever period of time is less. If, during such period, such Project Facilities are not used in this manner or sold, or otherwise disposed of or withdrawn from mass transportation service at the initiative of the Grantee, the Grantee shall immediately notify the Department, and shall at � the DepartmenYs discretion and as provided in Department guidelines, remit to the State a proportional amount of the fair market value,if any,of such Project Facilities. If the Project Facilities include commuter parking, the Parties agree that users of the commuter parking facilities funded by this Grant may be charged a fee for the use of such facilities, but the amount of such fee shall be so established to meet reasonable maintenance and operating expenses, and to establish a State Capital Grant ' 7