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N. Where the Local Government is authorized to perform services under this Agreement <br />and be reimbursed by the State, the Local Government is authorized to submit <br />requests for reimbursement by submitting the original of an itemized invoice in a form <br />and containing all items required by the State no more frequently than monthly, and no <br />later than ninety (90) days after costs are incurred. If the Local Government submits <br />invoices more than ninety (90) days after the costs are incurred the State may refuse to <br />reimburse the Local Government for those costs. <br />O. Upon completion of the Project, where Special Approval has been granted by the State <br />under 43 TAC 15.52, the State will perform a final accounting of the Project costs. Any <br />funds due by the Local Government or the State will be promptly paid by the owing <br />party. <br />P. The state auditor may conduct an audit or investigation of any entity receiving funds <br />from the State directly under this Agreement or indirectly through a subcontract under <br />this Agreement. Acceptance of funds directly under this Agreement or indirectly <br />through a subcontract under this Agreement acts as acceptance of the authority of the <br />state auditor, under the direction of the legislative audit committee, to conduct an audit <br />or investigation in connection with those funds. An entity that is the subject of an audit <br />or investigation must provide the state auditor with access to any information the state <br />auditor considers relevant to the investigation or audit. <br />Q. Payment under this Agreement beyond the end of the current fiscal biennium is subject <br />to availability of appropriated funds. If funds are not appropriated, this Agreement shall <br />be terminated immediately with no liability to either party. <br />5. Termination of this Agreement <br />This Agreement shall remain in effect until the Project is completed and accepted by all <br />parties, unless: <br />A. The Agreement is terminated in writing with the mutual consent of the parties; <br />B. The Agreement is terminated by one party because of a breach, in which case any cost <br />incurred because of the breach shall be paid by the breaching party; <br />C. The Local Government elects not to provide funding after the completion of preliminary <br />engineering, specifications, and estimates (PS&E) and the Project does not proceed <br />because of insufficient funds, in which case the Local Government agrees to reimburse <br />the State for its reasonable actual costs incurred during the Project; or <br />D. The Project is inactive for thirty-six (36) months or longer and no expenditures have <br />been charged against state funds, in which case the State may in its discretion <br />terminate this Agreement. <br />6. Amendments <br />Amendments to this Agreement due to changes in the character of the work, terms of the <br />Agreement, or responsibilities of the parties relating to the Project may be enacted through a <br />mutually agreed upon, written amendment. <br />Page 4 of 12 <br />AFA NonFed Longen Rev. 11/20/2017 <br />