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PUBLIC TRANSPORTATION 725PUBLI6 <br /> PUBLIC <br /> JOINT PARTICIPATION AGREEMENT TRANSPORTATION <br /> OGC—0&2016 <br /> Page 9 of l7 <br /> a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement <br /> or amendment to its application, or with respect to any document or data furnished with its application or <br /> pursuant to this Agreement; <br /> b) There is any pending litigation with respect to the performance by the Agency of any of its duties or <br /> obligations which mayjeopardize or adversely affect the Project,the Agreement,or payments to the Project; <br /> c) The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the <br /> approval of the Department or has made related expenditures or incurred related obligations without having <br /> been advised by the Department that same are approved; <br /> d) There has been any violation of the conflict of interest provisions contained in this Agreement; <br /> e) The Agency has been determined by the Department to be in default under any of the provisions of the <br /> Agreement; or <br /> f) Any federal agency providing federal financial assistance to the Project suspends or terminates federal <br /> financial assistance to the Project. In the event of suspension or termination of federal financial assistance, <br /> the Agency will reimburse the Department for all disallowed costs, including any and all federal financial <br /> assistance as detailed in Exhibit"B." <br /> 7.30 Disallowed Costs.In determining the amount of the payment,the Department will exclude all Project costs incurred <br /> by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are <br /> not provided for in the latest approved scope and budget for the Project, costs attributable to goods or services received <br /> under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to <br /> receipt of annual notification of fund availability. <br /> 7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for <br /> work or services performed pursuant to this Agreement,the Department may offset such amount from payments due for <br /> work or services done under any public transportation joint participation agreement which it has with the Agency owing <br /> such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department. Offsetting <br /> amounts shall not be considered a breach of contract by the Department. <br /> 8.00 Termination or Suspension of Project: <br /> 8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the <br /> Project; or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is <br /> rendered improbable, infeasible, impossible, or illegal,the Department will, by written notice to the Agency,suspend any <br /> or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has <br /> ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. <br /> 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension <br /> notice under this Section 8,the Agency shall proceed promptly to carry out the actions required in such notice,which may <br /> include any or all of the following: (1)necessary action to terminate or suspend, as the case may be, Project activities and <br /> contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which <br /> the financing is to be computed; (2)furnish a statement of the Project activities and contracts, and other undertakings the <br /> cost of which are otherwise includable as Project costs; and, (3)remit to the Department such portion of the financing and <br /> any advance payment previously received as is determined by the Department to be due under the provisions of the <br /> Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as <br /> approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the <br /> Agency to furnish the schedule, plan, and budget within a reasonable time.The approval of a remittance by the Agency or <br /> the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department <br /> may otherwise have arising out of this Agreement. <br />