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SUBAWARU NO.001 <br /> Federal Government's interest in the Project or the Federal Government's administration or <br /> enforcement of Federal laws or regulations and shall also inform City and FTA in writing before <br /> naming the Federal Government as a party to litigation.The Sub-Recipient agrees and understands <br /> that the FTA retains a right to concur in any compromise or settlement ofany claim involving the <br /> Project. <br /> The Parties agree and understand that any given term under this Agreement cannot be extended <br /> past the time-period of the Grant Award from which the funding is originating. <br /> II. PROJECT DESCRIPTION <br /> Sub-Recipient has submitted and shall be responsible for implementing and completing the <br /> project as described in Exhibit A, a copy of which is attached hereto and incorporated herein for <br /> all purposes. <br /> III. FUNDING <br /> 3.1 (a) To the extent City receives Section 5307 funds for the Project, City shall <br /> reimburse Sub-Recipient for its eligible expenses as designated in the Budget as described <br /> on Exhibit B,a copy of which is attached hereto and Incorporated herein for all purposes, <br /> for the entire Grant Award for this Project, subject to the requirements set out in Article I <br /> and other provisions of this Agreement. City shall transfer the FTA Funds for the Project <br /> to Sub-Recipient on a reimbursement basis only. <br /> (b) Sub-Recipient understands that the Federal Funds to be provided under this <br /> Agreement are contingent upon FTA's approval of the grant application and are subject to <br /> the Federal lapsing requirements, as defined or explained in FTA Circular 9030.1 E <br /> (Urbanized Area Formula Program). City assumes no responsibility for funding any <br /> portion of the Project. This Agreement and the obligations of the City under it are subject <br /> to City's receipt of Federal Funds adequate to carry out the provisions of this Agreement. <br /> City may cancel the Project and associated work if both Parties determine that there will <br /> be a lack of adequate funding available for the Project. In such event, the Parties shall <br /> notify the other in writing within forty-five (45) days in advance of the date that such <br /> cancellation is effective, and the cancellation shall be treated as a termination for <br /> convenience as provided herein. Neither City nor Sub-Recipient is responsible for <br /> providing any funding to substitute for the Federal funds in the event a giant is withdrawn, <br /> local funding is not available, or not otherwise provided f'or any reason. The Parties <br /> understand and acknowledge that funding from federal sources is required to be spent down <br /> according to the terms and conditions promulgated by the relevant federal funding agency. <br /> The Parties understand and acknowledge that such terms and conditions may be changed, <br /> from time to time, by the relevant federal funding agency. At no time does this Agreement <br /> require either Party to violate any of those terms and conditions promulgated by the federal <br /> funding agency. <br /> (c) This is a one-time Grant Award of Federal Funds by City to the Sub- <br /> Recipient and does not imply or obligate City to any future funding commitment beyond <br /> Page 3 of 30 <br />