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DEPARTMENT. In the event the total Project cost is less than the funds provided, the difference shall be refunded to the COUNTY. In the event the actual cost of the Project without modifications, results in a sum greater than that paid by the COUNTY, then any additional cost shall be the sole responsibility of the COUNTY and shall be paid to the DEPARTMENT. The COUNTY is required to submit the funding for the Project in four payments. Three of the four required payments have already been received by the Department and all three payments have been applied to FM Number 431759-1-4B/42/43/45-01, to cover the COUNTY's one-half of the Project's expenditures. The first, second, and third payments were received on October 14, 2015, October 20, 2016, and October 23, 2017 in the amounts of TWO MILLION ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED SEVEN DOLLARS AND NO CENTS ($2,111,907.00), ONE MILLION TWO HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED TWENTY THREE DOLLARS AND NO CENTS ($1,271,523.00), and ONE MILLION TWENTY ONE THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS AND NO CENTS ($1,021,197.00), respectively. The fourth and final payment, which is the remaining funds required for the Project in FY 2017/2018, is TWO MILLION NINE HUNDRED THIRTEEN THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($2,913,917.50), and is due within thirty (30) days of the execution of this Amendment. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Project No 431759-1-4B/42/43/45-01 & 431759-1- C2-10. The Department shall utilize this amount towards cost of Project 431759-1-4B/42/43/45-01 & 431759-1-C2-10. The final payment of TWO MILLION NINE HUNDRED THIRTEEN THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($2,913,917.50) shall be allocated as follows: FM No. 431759-1-4B/42/43/45-01: TWO MILLION SEVEN HUNDRED THIRTEEN THOUSAND NINE HUNDRED SEVENTEEN DOLLARS AND FIFTY CENTS ($2,713,917.50). FM No. 431759-1-C2-10: TWO HUNDRED THOUSAND DOLLARS AND NO CENTS ($200,000.00). The table on page 4 of the Agreement, is hereby amended. The amended table is shown in Attachment 1 of this Amendment, attached hereto and made a part hereof. In the event that any of the allocated funds for Phase 413, 42, 43, and/or 45 are not utilized in its entirety, the Department shall reallocate funds, without an amendment, to cover Project cost as long as the reallocation results in a ZERO DOLLAR ($0.00) net change and no additional funding is required from the County. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on June 9, 2015, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 2 of 4