R94-116 AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANPORTATION

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�� i f. Excess Pa�tments. Disallowed Costs, and Claims (Includin�,Interest�. ( I 1 L'pc�r� r�oti�;e by the Government to the Recipient of specific amounts due, the Recipient agrees to r�mi�to the Government promptly any excess payment of amounts, disallowed costs, or claims. inc}uding an}�interest due thereon. (2) The Recipient agrees that it will pay interest as assessed by FTA on excess payments, disallowed costs, or claims arising in connection with the Project as follows: (a} A Recipient that is a state, state instrumentality, or unit of general local govetnment agrees that FTA may impose common law prejudgment interest on the Recipient's underlying debt. �b�t A Recipie�nt other than a state, state instrumentality, or a unit or local government agrees that interest on the underlying debt will be calculated in accordance v��ith the Debt Collectic�n Act of 1982, as amended, 31 U.S.C. § 3717. g. De-obligation of Funds. The Government reserves the right to de-obligate unexpended Federal funds prior to Project closeout. Section ]0�. Right of the Governmem to 7'erminate. L'�pon ��Titten notice. the Recipient agrees that the Government may suspend or terminate all or part of che financial assistance provided herein if the Recipient has violated the terms of this Agreement. or if the Government determines that the purposes of the statute under which the Project �s authorized would not he adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of the Agreement that significantly endangers substantial performance of the Project shall pm�ide sufficient grounds for the Government to terminate this Agreement. In general, termination of any financia] assistance under this Agreement will not invalidate obligations properly incurred by the Recipient and concurred in by the Government before the termination date, to the extent those obligations cannot be canceled. However, if the Government determines that the Recipient has willfully misused Federal assistance funds by i failin to make ade uate ro ess failin to make reasonable use of the Pro'e t r 1 r rt g 9 P �' � g � c ea p ope y, facilities, or equipment, or failing to adhere to the terms of this Agreement, the Government reserves the right to require the Recipient to refund the entire amount of Federal funds provided under this Agreement or any lesser amount as may be determined by the Government. Expiration of any Project Time Period established for this Project does not, by itself, constitute an expiration ar termination of this Agreement. Section ]09. Project Completion. Audit. Settlement, and Closeout. Page l 1