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. ; . <br /> f. Excess Pavments, Disallo"�ed Costs and Claims (Including Interest�. <br /> (1) Upon notice by the Go��ernment to the Recipient of specific amounts due, the Recipient <br /> agrees to remit to the Go��ernment promptly any excess payment of amounts, disallowed costs, <br /> or claims, including any interest due thereon. <br /> (2) The Recipient agrees that it „�ill pay interest as assessed by FTA on excess payments, <br /> disallo���ed costs, or claims arisin in connection ���ith th P ' � • <br /> g e ro�ect as follov�s. <br />� <br />� (a) A Recipient that is a state, state instrumentality, or unit of general local government <br /> agrees that FTA may impose common ]a«�prejudgment interest on the Recipient's underlying <br /> debt. <br /> b A Reci ient � <br /> ( ) p other than a state, state instrumentalit , or a unit or local o�ernment <br /> Y � <br /> agrees that interest on the underl��ing debt ���ill be calculated in accordance ���ith the Debt <br /> Collection Act of 1982, as amended, 3l U.S.C. � 3717. <br /> s�. De-obli�ation of Funds. The Go��ernment reser��es the right to de-obligate unexpended <br /> Federal funds prior to Project closeout. <br /> Section ]08. Ri�ht of the Go��ernment to Terminate. <br /> lipon ���ritten notice, the Recipient agrees that the Go��ernment may suspend or terminate all or <br /> part of the financial assistance pro��ided herein if the Recipient has violated the terms of this <br /> As�reement, or if the Go��ernment determines that the purposes of the statute under ���hich the <br /> Project is authorized �ti•ould not be adequately served by continuation of Federal financial <br /> assistance for the Project. Any failure to make reasonable progress on the Project or other <br /> ��iolation of the Agreement that significantly endangers substantial performance of the Project <br /> shall pro�•ide suf�cient grounds for the Go��ernment to terminate this Agreement. <br /> In general, termination of any financial assistance under this Agreement will not invalidate <br /> obligations properly incurred by the Recipient and concurred in by the Government before the <br /> termination date, to the extent those obligations cannot be canceled. Ho«�ever, if the <br />' Go��ernment determines that th R i ' t � �' <br /> e ec pien has ��llfully misused Federal assistance funds by <br /> failing to make adequate progress, failing to make reasonable use of the Project real property, <br />�� facilities, or equipment, or failing to adhere to the terms of this Agreement, the Government <br /> reserves the right to require the Recipient to refund the entire amount of Federal funds provided <br /> under this Agreement or any lesser amount as may be determined by the Government. <br /> Ezpiration of any Project Time Period established for this Project does not, by itself, constitute <br /> an expiration or termination of this Agreement. <br /> Section 109. Project Completion, Audit. Settlement, and Closeout. <br /> Page l 1 <br />