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<br /> Page 4 of 5 pages <br />A. State and/or USDA shall have the right through their representatives <br /> to inspect, examine, investigate, and evaluate the program described <br /> in Section I above and the facilities provided by Project under this <br /> Agreement at any time during normal business hours, and at other <br /> times by mutual agreement made in advance. <br />B. It is further agreed and understood that in the event State and <br /> Federal laws affecting either Project or State are amended so as to <br /> render fulfillment of this Agreement on the part of either Project or <br /> State infeasible or impossible, then in that event both Project and <br /> State shall be discharged from further obligation claimed under the <br /> terms of the Agreement except for equitable settlement of the <br /> respective accrued interests up to the date of termination. It is <br /> further agreed and understood that if the total amount of funds made <br /> available by USDA are inadequate to fulfill the obligations incurred <br /> by reason of this Agreement, then this Agreement shall be void as to <br /> both parties. <br />C. The terms of this Agreement shall not be modified or changed in any <br /> way other than by the consent in writing of both parties hereto, in <br /> the manner authorized by law. <br />D. This Agreement shall become effective on October 1, 1984, and shall <br /> continue until September 30, 1985, unless terminated earlier as <br /> provided herein. State may renew this Agreement for each fiscal year <br /> thereafter, by notice in writing given to Project. <br />E. This Agreement may be terminated upon 30 days written notice on the <br /> part of either party hereto and State may terminate this Agreement <br /> immediately upon receipt of evidence that the terms and conditions of <br /> this Agreement and/or USDA and/or State regulations and/or policies <br /> have not been fully complied with by Project. Allowable and approved <br /> program expenditures by Project up to the date of termination shall <br /> be reimbursed. Unilateral termination of this contract by State for <br /> cause shall be subject to review on appeal by Project in accordance <br /> with established program fair hearing procedures. <br />F. Notwithstanding any termination of this Agreement, the obligations of <br /> Project with respect to retention and audit of records and submission <br /> of reports shall continue until the requirements of the regulations <br /> have been fully performed. <br />G. liThe program applicant (project) hereby agrees that he/she will comply <br /> with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), <br /> Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), <br /> Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Age <br /> Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); all provisions <br /> required by the implementing regulations of the Department of <br /> Agriculture; Department of Justice Enforcement Guidelines, 28 CFR 50.3 <br /> and 42; and FNS directives and guidelines, to the effect that, no <br /> person shall, on the grounds of race, color, national origin, sex, <br /> age or handicap, be excluded from participation in, be denied <br /> benefits of, or otherwise be subjected to discrimination under any <br /> progra~ or activit~ for which the program applicant receives <br /> Federal financial assistance from FNS; and hereby gives assurance <br /> that he/she will immediately take measures necessary to effectuate <br /> this Agreement. <br /> By accepting this assurance, the program applicant agrees to compile <br /> data, maintain records and submit reports, as required, to permit <br /> effective enforcement of the nondiscrimination laws and permit <br /> authorized USDA personnel during normal working hours to review such <br /> records, books and accounts as needed to ascertain compliance with <br /> the nondiscrimination laws. If there are any violations of this <br /> assurance, the Department of Agriculture, Food and Nutrition <br /> Service, shall have the right to seek judicial enforcement of this <br /> assurance. This assurance is binding on the program applicant, its <br /> successors, transferees, and assignees, as long as they receive <br />