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4. Financial Penalties. Any financial penalties incurred by Recipient under the MOT <br />Agreement shall be borne by Subrecipient and paid in the manner set forth in the FDOT <br />Agreement, unless such penalties are solely the result of Recipient's actions or omissions. <br />5. Maintenance. Facilities constructed under the FDOT Agreement shall be maintained for <br />their useful life and used for the purpose of supporting public transportation. This <br />requirement shall not be construed to require modification of crossing or maintenance <br />agreements between the Recipient, Subrecipient, and/or any third parties that otherwise <br />assign responsibility for maintenance of the facilities constructed under the FDOT <br />Agreement. The terms of this provision shall survive the termination of the FDOT <br />Agreement and this Agreement. <br />6. Subrecipient Payments. Promptly after Subrecipient completes the work within the scope <br />of each individual milestone identified in the FDOT Agreement, Subrecipient shall submit <br />an invoice for such work to Recipient, with detail sufficient for a proper pre -audit and post - <br />audit thereof, based on the quantifiable, measurable, and verifiable deliverables established <br />in the FDOT Agreement. Recipient shall use best efforts to review and either approve or <br />reject each such invoice within 15 business days, and in no event more than 20 business <br />days, and it shall promptly submit each approved invoice to FDOT within 5 days thereafter, <br />along with any other information that the Recipient is obligated to provide FDOT in <br />connection with requests for funding under the FDOT Agreement. Once Recipient has <br />received funds from FDOT under the FDOT Agreement, it shall use best efforts to pay <br />such funds to Subrecipient within 5 business days, and in no event more than 7 business <br />days. Subrecipient will not receive payment for any work performed under this Agreement, <br />until Recipient receives funds for such payments from FDOT. <br />7. Single Audit. Subrecipient shall comply with single audit requirement set forth in the <br />FDOT Agreement. <br />Indemnification. To the fullest extent permitted by law, Subrecipient shall indemnify and <br />hold harmless the Recipient and FDOT, including FDOT's officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's <br />fees, to the extent caused by the negligence, recklessness or intentional wrongful <br />misconduct of Subrecipient and persons employed or utilized by Subrecipient in the <br />performance of this Agreement. <br />Page 2 of 3 <br />