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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 Department's <br />liabilities under this contract. If adequate funds are not available to <br />make payments under this contract, Department shall notify Contractor in <br />writing within a reasonable time after such fact is determined. <br />Department shall terminate this contract and will not be liable for <br />failure to make payments to Contractor under 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 <br />is subject to p~ent to Contractor, or has been reimbursed to Contractor <br />or is subject to reimbursement to Contractor by any source other than <br />Department or 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 <br />this 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 <br />terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this <br />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 <br />to Department by Contractor within sixty (60) days following termination <br />of this contract unless otherwise provided for in the Certificate of <br />Completion referred to in Section 8 (C) 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 beenpaid 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 (3D) working <br />days after such refund is requested by Department. <br /> <br />~ <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 Forty-Seven Thousand and no/10D Dollars <br />($147,000.00). <br /> <br />Page 2 of 14 <br />