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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 <br />actual receipt of adequate state and/or federal funds to meet <br />Department's liabilities under this contract. If adequate funds are not <br />avai1ab1e to make payments under this contract, Department shall notify <br />Contractor in writing within a reasonable time after such fact is <br />determined. Department shall terminate this contract and will not be <br />liable for failure to make payments to Contractor under this contract. <br /> <br />2. Department shall not be liable to Contractor for any costs incurred <br />by Contractor, or any portion thereoft which has been paid to Contractor <br />or is subject to páyment to Contractor," or has been reimbursed to <br />Contractor or is subject to reimbursement to Contractor by any source <br />other than Department. <br /> <br />3. Department shall not be liable to Contractor for any costs incurred <br />by Contractor which are not allowable costs, as set forth in Section <br />6(B) of this contract. <br /> <br />4. Department shall not be liable to Contractor for any costs incurred <br />by Contractor or for any performances rendered by Contractor which are <br />not strictly in accordance with the terms of this contract, including <br />the terms of Exhibit At Exhibit B, and Exhibit C of this contract. <br /> <br />5. Department shall not be liable to Contractor for any costs incurred <br />by Contractor in the performance of this contract which have not been <br />billed to Department by Contractor within sixty (60) days following <br />termination of this contract. <br /> <br />6. Department shall not be liable for costs incurred or performances <br />rendered by Contractor before commencement of this contract or after <br />termination of this contract. <br /> <br />B. <br /> <br />Excess Payments <br /> <br />Contractor shall refund to Department any sum of money which has been paid <br />to 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 One Hundred Nineteen Thousand and No/lOa Dollars <br />(5119.000.00) <br /> <br />Page 2 of 12 <br />