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contract for an Independent External Peer Review panel; or any costs of negotiating a design <br /> agreement for a project or separable element thereof. <br /> C. The term"study costs to be shared during the period of study" shall mean the <br /> difference between total study costs and excess study costs. <br /> D. The term"excess study costs" shall mean the difference between the most recent <br /> estimate of total study costs and the amount of total study costs specified in Article IV.A.1. of <br /> this Agreement, excluding any increase in total study costs that resulted from a change in Federal <br /> law or a change in the scope of the Study requested by the Non-Federal Sponsor or any increase <br /> in total study costs that otherwise was agreed upon in writing by the parties. <br /> E. The term"period of study" shall mean the time from the effective date of this Agreement <br /> to the date that: <br /> 1. the Assistant Secretary of the Army (Civil Works) submits the feasibility <br /> report to the Office of Management and Budget(OMB) for review for consistency with policies <br /> and programs of the Administration, if the project or project modification that is the subject of <br /> this Study will require further Congressional authorization to implement the recommended plan; <br /> or <br /> 2. the decision document for the study is duly approved by the Government, if <br /> the project or project modification that is the subject of this Study will not require further <br /> Congressional authorization to implement the recommended plan; or <br /> 3. the date that this Agreement is terminated in accordance with Article IX of this <br /> Agreement. <br /> F. The term"financial obligations to be shared during the period of study"shall mean the <br /> financial obligations of the Government and the costs for in-kind contributions, as determined by <br /> the Government,that result or would result in costs that are or would be included in study costs to <br /> be shared during the period of study. <br /> G. The term"non-Federal proportionate share"shall mean the ratio of the sum of the costs <br /> included in study costs to be shared during the period of study for in-kind contributions, as <br /> determined by the Government, and the Non-Federal Sponsor's total contribution of funds <br /> required by Article II.C.1.b. of this Agreement to financial obligations to be shared during the <br /> period of study,as projected by the Government. <br /> H. The term"Federal program funds" shall mean funds provided by a Federal agency, <br /> other than the Department of the Army,plus any non-Federal contribution required as a <br /> matching share therefor. <br /> I. The term"fiscal year"shall mean one year beginning on October 1 and ending on <br /> September 30. <br /> 204 <br />