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<br />1. It is expressly understood and agreed by the parties hereto that <br />Department's obligations under this Section 4 are contingent upon the actual <br />receipt of adequate state and/or federal funds to meet Department's <br />liabilities under this contract, If adequate funds are not available to make <br />payments under this contract, Department shall notify Contractor in writing <br />within a reasonable time after such fact is determined. Department shall <br />terminate this contract and will not be liable for failure to make payments to <br />Contractor und~r this contract. <br /> <br />2. Department shall not be liable to Contractor for any costs incurred by <br />Contractor, or any portion thereof, which has been paid to Contractor or is <br />subject to payment to Contractor, or has been reimbursed to Contractor or is <br />subject to reimbursement to Contractor by any source other than Department or <br />Contractor. <br /> <br />3, Department shall not be liable to Contractor for any costs incurred by <br />Contractor which are not allowable costs, as set forth in Section 6{B) of this <br />contract, <br /> <br />4. Department shall not be liable to Contractor for any costs incurred by <br />Contractor or for any performances rendered by Contractor which are not <br />strictly in accordance with the terms of this contract, including the terms of <br />Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract. <br /> <br />5. Department shall not be liable to Contractor for any costs incurred by <br />Contractor in the performance of this contract which have not been billed to <br />Department by Contractor within sixty (60) days following termination of this <br />contract unless otherwise provided for in the Certificate of Completion <br />referred to in Section 8 (C) of this contract. <br /> <br />6. Department shall not be liable for costs incurred or performances rendered <br />by Contractor before commencement of this contract or after termination of <br />this contract. <br /> <br />B. <br /> <br />Excess Payments <br /> <br />Contractor shall refund to Department any sum of money which has been paid to <br />Contractor by Department, which Department determines has resulted in <br />overpayment to Contractor, or which Department determines has not been spent <br />by Contractor strictly in accordance with the terms of this contract. Such <br />refund shall be made by Contractor to Department within thirty (30) working <br />days after such refund is requested by Department. <br /> <br />C, <br /> <br />Limit of Liability <br /> <br />Notwithstanding any other provision of this contract, the total of all <br />payments and other obligations incurred by Department under this contract <br />shall not exceed the sum of Three Hundred Thousand Dollars and No/IOO <br />($300,000.00). <br /> <br />Page 2 of 13 Pages <br />