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amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the design/engineering costs will be $5,000 (Amount E). The Sponsor specifically agrees that it shall pay any project costs which exceed the sum of the federal share (Amount D). It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as heretofore stated in Paragraph IT-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. 5. During design, if the estimated eligible total project costs exceed Amount C, above, the Sponsor may request the State to void this Agreement, whereupon the State shall agree to void this Agreement upon the satisfaction of the following conditions: a. the Sponsor's request to the State to void the Agreement shall be in writing and dated; and b. if required by the State, the Sponsor shall reimburse the State for funds expended on this project and Sponsor shall assume the responsibility for any future expenses for contracted services or materials related to the project for which a contract had been executed prior to the Sponsor's request to void the Agreement. Sponsor funds held by the State may be retained until this requirement is satisfied; and c. failure on the part of the Sponsor to comply with the conditions of this paragraph shall constitute a breach of this Agreement. 6. Upon satisfaction of the conditions specified in Paragraph IT-5 above, the State shall declare this Agreement null and void, and this Agreement shall have no force and effect, except that unexpended or unencumbered moneys actually deposited by the Sponsor and held with the State for project purposes shall be returned to the Sponsor within a reasonable time. 7. If there is an overrun in the total eligible project costs (Amount B), the State may increase the federal funds to cover the amount of overrun not to exceed the statutory fifteen (15%) percent federal funds limitation. The State may, at the request of the Sponsor, participate in additional eligible costs to the extent of the aforesaid appropriate percentages and subject to the availability of federal funds. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not Page 3 of 14