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fifteenth day' of the month following the close of the preceding quarter° <br />Such reports sha].l be in the form, manner and with the number of copies <br />as required by Department. Contractor shall also submit to Department <br />at:: the same 'i::i. me t'he financial expenditure report is submitted, such <br />reporting documents, invoices, or fiscal records as may be required <br />by Department for audit purposes. Within a reasonable time after <br />receipt of Contractor's quarterly financial expenditure repo'rt and <br />quarterly request: :for payment, Department shall pay to Contractor <br />an amount equal, to Departmental liabilities accrued as specified in <br />Subsection B of t. his Section, which have not been previously billed <br />to and subseqt~ently paid by Department. <br /> <br />Notwithstanding the provisions of Paragraph 1 of this Subsection C, <br />it is expressly understood and agreed by the Parties hereto that pay- <br />ments under this contract are conditioned upon Contractor's full and <br />satisfactory perfor'mance .of its obligations under this contrac:t. <br /> <br />In addition to the limitation on payments imposed pursuant to Para- <br />graph 2 of this Subsect:Lon C, it is expressly understood and agreed <br />by the Parties hereto that if the Contractor fails to submit to <br />Depart:me'~.~.t in a timely and satisfactory manner any .report required <br />by this contract or any other contract the Department has with <br />Contractor, the Depart.ment may, at its sole option and in <br />its sole discretion, withhold any or all payments otherwise due and <br />ow:£rq~ Contractor hereunder. If Department withholds such payments, <br />it shall notify the: Contractor in writing of its decision and the <br />reasons therefor. Payments withheld pursuant to this Paragraph may <br />be held by the Department until such Rme as the delinquent obligations <br />for wlhich funds are withheld are fulfilled by the Contractor. <br /> <br />irt is furthe~,~ expressly understood and agreed by the Parties hereto <br />that Contractor"s performance upon which final pa~ent is conditione~:t <br />shall inc].ude, but not be limited to the following: <br /> <br />(a) ff. ontractor's complete and satisfactory performance of its <br /> obligations for whihh final payment is sought; <br /> <br />(b) timely ,~imbmission to the Department of the final, closeout or <br /> expendit,~re report ['equired under this contract; and <br /> <br />(c) timely subm:[ssion of the records required under Section XXIV, <br /> Audit, of this contract. <br /> <br />Prior to Contractor's performance of the above-listed obligations, <br />the Department may, at its sole option and in its sole discretion, <br />withhold the final payment, in whole or in part, until such time as <br />Depa~'tment has determined from such final report and/or audit the <br />final amount owing under this contract. Within a reasonable time <br />following the determination by the Department of the final amount <br />owing under th:is contract, the Department shall pay to Contractor <br />the amount determined by Department to be the final amount owing <br />under this contract. <br /> <br />Page 4 of 15 <br /> <br /> <br />