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Docusign Envelope ID:430DA8ED-F2BF-4131-BE14-A60F4552B467 <br /> ARTICLE III. STATE AND FEDERAL FUNDING <br /> 3.1 EXCESS OBLIGATIONS PROHIBITED <br /> This Grant Agreement is subject to termination or cancellation, without penalty to System <br /> Agency, either in whole or in part, subject to the availability and actual receipt by System <br /> Agency of state or federal funds. System Agency is a state agency whose authority and <br /> appropriations are subject to actions of the Texas Legislature. If System Agency becomes <br /> subject to a legislative change, revocation of statutory authority, or lack of appropriated <br /> funds that would render either System Agency's or Grantee's delivery or performance under <br /> the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or <br /> cancelled and be deemed null and void. In the event of a termination or cancellation under <br /> this Section, System Agency will not be liable to Grantee for any damages that are caused or <br /> associated with such termination or cancellation, and System Agency will not be required to <br /> give prior notice. Additionally, System Agency will not be liable to Grantee for any <br /> remaining unpaid funds under this Grant Agreement at time of termination. <br /> 3.2 No DEBT AGAINST THE STATE <br /> This Grant Agreement will not be construed as creating any debt by or on behalf of the State <br /> of Texas. <br /> 3.3 DEBTS AND DELINQUENCIES <br /> Grantee agrees that any payments due under the Grant Agreement shall be directly applied <br /> towards eliminating any debt or delinquency it has to the State of Texas including, but not <br /> limited to, delinquent taxes, delinquent student loan payments, and delinquent child support <br /> during the entirety of the Grant Agreement term. <br /> 3.4 REFUNDS AND OVERPAYMENTS <br /> A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to <br /> Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or <br /> if any required financial status report(s) is not submitted by the due date(s); or(ii)require <br /> Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— <br /> to System Agency any funds erroneously paid by System Agency which are not expressly <br /> authorized under the Grant Agreement. <br /> B. "Overpayments" as used in this Section include payments (i) made by the System <br /> Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable <br /> laws, rules, or regulations; or(iii)that are otherwise inconsistent with this Grant <br /> Agreement, including any unapproved expenditures. Grantee understands and agrees that <br /> it shall be liable to the System Agency for any costs disallowed pursuant to financial and <br /> compliance audit(s) of funds received under this Grant Agreement. Grantee further <br /> understands and agrees that reimbursement of such disallowed costs shall be paid by <br /> Grantee from funds which were not provided or otherwise made available to Grantee <br /> under this Grant Agreement. <br /> ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS <br /> 4.1 ALLOWABLE COSTS <br /> A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant <br /> Management Standards (TxGMS) and applicable state and federal rules and laws. This <br /> Grant Agreement is subject to all applicable requirements of TxGMS, including the <br /> HHS Uniform Terms and Conditions—Grant v 3.5 <br /> Effective September 2024 <br /> Page 10 of 27 <br />