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4. Financial Penalties. Any financial penalties incurred by Recipient under the FDOT Agreement shall be borne by Subrecipient and paid in the manner set forth in the FDOT Agreement, unless such penalties are solely the result of Recipient's actions or omissions. 5. Maintenance. Facilities constructed under the FDOT Agreement shall be maintained for their useful life and used for the purpose of supporting public transportation. This requirement shall not be construed to require modification of crossing or maintenance agreements between the Recipient, Subrecipient, and/or any third parties that otherwise assign responsibility for maintenance of the facilities constructed under the FDOT Agreement. The terms of this provision shall survive the termination of the FDOT Agreement and this Agreement. 6. Subrecipient Payments. Promptly after Subrecipient completes the work within the scope of each individual milestone identified in the FDOT Agreement, Subrecipient shall submit an invoice for such work to Recipient, with detail sufficient for a proper pre -audit and post - audit thereof, based on the quantifiable, measurable, and verifiable deliverables established in the FDOT Agreement. Recipient shall have 20 business days to review and either approve or reject each such invoice, and it shall promptly submit each approved invoice to FDOT within 5 days thereafter, along with any other information that the Recipient is obligated to provide FDOT in connection with requests for funding under the FDOT Agreement. Once Recipient has received funds from FDOT under the FDOT Agreement, it shall pay such funds to Subrecipient within 10 business days. Subrecipient will not receive payment for any work performed under this Agreement, until Recipient receives funds for such payments from FDOT. 7. Single Audit. Subrecipient shall comply with single audit requirement set forth in the FDOT Agreement. S. Indemnification. To the fullest extent permitted by law, Subrecipient shall indemnify and hold harmless the Recipient and FDOT, including FDOT's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Subrecipient and persons employed or utilized by Subrecipient in the performance of this Agreement. 9. E -Verify System. Subrecipient shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the contractor/subcontractor during the term of this Agreement. Page 2 of 4 120