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C. Recapture and Reallocation of Developer's Allocation of NSP3 Funds <br /> If Developer fails to expend NSP3 funds as indicated and as required by this agreement, <br /> Grantee at its sole discretion may recapture a portion or all of Developer's total NS133 funding <br /> allocation . The portion recaptured will be equal to Grantee' s estimate of the amount of NSP3 <br /> funds that would remain unspent by the spending deadlines described herein, based on <br /> Developer's activities to date and capacity to complete the work . <br /> In addition, the amount of Developer's NSP3 funding allocation that is not obligated or <br /> expended by the deadlines in Section II herein will be recaptured immediately unless Grantee <br /> grants an extension of the deadline in writing based on extenuating circumstances and <br /> compelling evidence that obligations will be completed during the extended period . <br /> IV. PAYMENT <br /> It is expressly agreed and understood that the total amount of NSP3 funds to be paid by Grantee to <br /> Developer under this Agreement shall not exceed the amount described in Section IIIA. herein plus <br /> additional amounts allocated, if any. Requests for the payment of eligible expenses shall be associated <br /> with the budget line items in Exhibit A and in accordance with performance . <br /> V. NOTICES <br /> Notices required by this Agreement shall be in writing and delivered via mail ( postage prepaid ), <br /> commercial courier, personal delivery, e-mail, or sent by facsimile or other electronic means. Any notice <br /> sent as aforesaid shall be effective on the date of sending. All notices and other written communications <br /> under this Agreement shall be addressed to the individuals in the capacities indicated below, unless <br /> otherwise modified by subsequent written notice . <br /> Communication and details concerning this contract shall be directed to the following contract <br /> representatives: <br /> Indian River County Indian River Habitat for Humanity, Inc . <br /> Grantee Developer <br /> Robert M . Keating, Community Andrew R . Bowler, President/CEO <br /> Development Director <br /> Name & Title Name & Title <br /> Indian River County Indian River Habitat for Humanity <br /> Grantee Developer <br /> 180127th Street, Vero Beach, FL 32960 4568 N . US Highway 1 . Vero Beach , FL 32967 <br /> [Address] [Address] <br /> (772 ) 226 - 1246 ( 772 ) 562-9860 <br /> [Telephone] [Telephone] <br /> 9 Page Amended and Re-stated NSP3 Developer Agreement : July 2 , 2013 <br />
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