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—then the payment shall be made no later than the date on which a Project Partnership <br /> Agreement is entered into for the project or project modification; or <br /> ii. the project or project modification is not authorized for <br /> construction within 5 years after the date of the final Report of the Chief of Engineers concerning <br /> the project or project modification—then the payment shall be made no later than 5 years after <br /> the date of the final Report of the Chief of Engineers; or <br /> iii. the Study is terminated and the project or project modification <br /> is not authorized for construction-then the payment shall be made no later than 2 years after <br /> such termination date. <br /> b. If the project or project modification that is the subject of this Study <br /> will not require further Congressional authorization to implement the recommended plan, then <br /> the payment shall be made: <br /> i. no later than the date on which a Project Partnership Agreement <br /> is entered into for the project or project modification; or <br /> ii. no later than 5 years after the date the decision document is <br /> duly approved by the Government; or <br /> iii. no later than 2 years after the date of the termination of the <br /> Study, whichever is earliest. <br /> ARTICLE V - DISPUTE RESOLUTION <br /> As a condition precedent to a party bringing any suit for breach of this Agreement, that <br /> party must first notify the other party in writing of the nature of the purported breach and seek in <br /> good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute <br /> through negotiation,they may agree to a mutually acceptable method of non-binding alternative <br /> dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an <br /> equal share of any costs for the services provided by such a third party as such costs are incurred. <br /> The existence of a dispute shall not excuse the parties from performance pursuant to this <br /> Agreement. <br /> ARTICLE VI -MAINTENANCE OF RECORDS AND AUDIT <br /> A. Not later than 60 calendar days after the effective date of this Agreement,the <br /> Government and the Non-Federal Sponsor shall develop procedures for keeping books,records, <br /> documents,or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. <br /> These procedures shall incorporate, and apply as appropriate,the standards for financial <br /> management systems set forth in the Uniform Administrative Requirements for Grants and <br /> Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The <br /> 213 <br />