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<br />Page 3 of 4 <br /> <br />A. State and/or USDA shall have the right through their representatives <br />to inspect, examine, investigate, and evaluate the program described <br />in Section I above and the facilities provided by Project under this <br />agreement at any time during normal business hours, and at other <br />times by mutual agreement made in advance; <br /> <br />B. Performance of Section II of this agreement shall be contingent upon <br />funds being made available by USDA; <br /> <br />I <br /> <br />C. It is further agreed and understood that in the event state and <br />federal laws affecting either Project or State are amended so as <br />to render fulfillment of this agreement on the part of either Project <br />or State unfeasible or impossible, then in that event both Project and <br />State shall be discharged from further obligation claimed under the <br />terms of the agreement except for equitable settlement of the respective <br />accrued interests up to the date of termination. It is further agreed <br />and understood that if the total amount of funds made available by <br />USDA are inadequate to fulfill the obligations incurred by reason <br />of this agreement, then this agreement shall be void as to both parties; <br /> <br />D. The terms of this agreement shall not be modified or changed in any <br />way other than by the consent in writing of both parties hereto, in <br />the manner authorized by law; <br /> <br />E. <br /> <br />This agreement <br />continue until <br />vided herein. <br />thereafter, by <br /> <br />shall become effective on October 1, 1980, and shall <br />September 30, 1981, unless terminated earlier as pro- <br />State may renew this agreement for each fiscal year <br />notice in writing given to Project; <br /> <br />I <br /> <br />F. This agreement may be terminated upon 30 days written notice on the <br />part of either party hereto and State may terminate this agreement <br />immediately upon receipt of evidence that the terms and conditions of <br />this agreement and/or USDA and/or State directives have not been <br />fully complied with by Project. Allowable and approved program <br />expenditures by Project up to the date of termination shall be re- <br />imbursed. Unilateral termination of this contract by State for cause <br />shall be subject to review on appeal by Project in accordance with <br />established program Fair Hearing procedures; <br /> <br />G. <br /> <br />Notwithstanding any termination of this agreement, the obligations of <br />Project with respect to retention and audit of records and submission <br />of reports shall continue until the requirements of the regulations <br />have been fully performed; <br /> <br />H. <br /> <br />The Project hereby agrees that it will comply with Title VI of the Civil <br />Rights Act of 1964 (P.L. 88-352) and all requirements imposed by the <br />regulations of the USDA (7 CPR Part 15), Department of Justice (28 CFR <br />Parts 42 and 50) and FNS directives or regulations issued pursuant to <br />that Act and the regulations, to the effe~t that, no person in the United <br />States shall, on the groundof race, color, or national origin, be <br />excluded from participation in, be denied the benefits of, or be other- <br />wise subject to discrimination under any program or activity for which the <br />program applicant received federal financial assistance from the USDA; <br />and hereby gives assurance that it will immediately take any measures <br />necessary to effectuate this agreement. <br /> <br />I <br /> <br />This assurance is given in consideration of and for the purpose of <br />obtaining any and all Federal financial assistance, grants and loans of <br />Federal funds, reimbursable expenditures, grant or donation of Federal <br />property and interest in property, the detail of Federal personnel, <br />the sale and lease of, and the permission to use, Federal property or <br />interest in such property or the furnishing of services without consid- <br />eration or at a nominal consideration, or at a consideration which is <br />reduced for the purpose of assisting the recipient, or in recognition <br />of the public interest to be served by such sale, lease, or furnishing <br />of services to the recipient, or any improvements made with Federal <br />financial assistance extended to the program applicant by the Department. <br />This includes any Federal agreement, arrangement, or other contract <br />