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TxDOT: Federal Highway Administration: <br /> CSJ# 0914-33-078 CFDA No. 20.205 <br /> District ft 14-Austin CFDA Title Highway Planning and Construction <br /> Code Chart 64# 37950-City of San Marcos <br /> Project Name San Marcos River Shared Use AM Not Used For Research 6 Development <br /> Path <br /> 1. By mutual written consent and agreement of all parties; <br /> 2. By any party with 90 days written notice; or <br /> 3. By either party, upon the failure of the other party to fulfill the obligations as set <br /> forth in this Agreement. Any cost incurred due to such breach of contract shall <br /> be paid by the breaching party. <br /> B. If the potential termination of this Agreement is due to the failure of Local Government <br /> to fulfill its contractual obligations, State will notify Local Government that possible <br /> breach of contract has occurred. Local Government should make every effort to <br /> remedy the breach within a period mutually agreed upon by both parties. <br /> C. If Local Government withdraws from Project after this Agreement is executed, Local <br /> Government shall be responsible for all direct and indirect Project costs as identified by <br /> the State's cost accounting system and with 2 CFR Part 200 recapture requirements. <br /> D. A project may be eliminated from the program as outlined below. If Project is <br /> eliminated for any of these reasons, this Agreement will be appropriately terminated. A <br /> project may be eliminated from the program, and this Agreement terminated, if: <br /> 1. Local Government fails to satisfy any requirements of the program rules cited in <br /> 43 Texas Administrative Code, Part 1, Chapter 11, Subchapter G, §§11.400— <br /> 11.418. <br /> 2. The implementation of Project would involve significant deviation from the <br /> activities proposed in the nomination form and approved by the Texas <br /> Transportation Commission or MPO in consultation with State. <br /> 3. Local Government withdraws from participation in Project. <br /> 4. State determines that federal funding may be lost due to Project not being <br /> implemented and completed. <br /> 5. Funds are not appropriated, in which case this Agreement shall be terminated <br /> immediately with no liability to either party. Payment under this Agreement <br /> beyond the current fiscal biennium is subject to availability of appropriated <br /> funds. <br /> 6. The associated FPAA is not issued by the end of the third federal fiscal year <br /> following the federal fiscal year for which the funds are authorized. Federal <br /> fiscal years run October 1 through September 30. <br /> 7. Local Government fails to attend progress meetings at least twice yearly, as <br /> scheduled by State. <br /> E. State, at its sole discretion, may terminate this Agreement if State does not receive <br /> project invoice from Local Government within 270 days of FPAA. <br /> 5. Amendments <br /> This Agreement may be amended due to changes in the work, the amount of funding required <br /> to complete Project, or the responsibilities of the parties. Such amendment must be made <br /> through a mutually agreed upon, written amendment that is executed by the parties. <br /> 6. Remedies <br /> This Agreement shall not be considered as specifying the exclusive remedy for any agreement <br /> default, but all remedies existing at law and in equity may be availed of by either party to this <br /> Agreement and shall be cumulative. <br /> Page 5 of 18 <br /> AFA-AFA TAS& LF Rev 03116118 <br />