Res 2003-133 - Laserfiche WebLink

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period for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section. 1. It is expressly understood and agreed by the parties hereto that City's obligations under this Section are contingent upon the actual receipt of adequate state or federal funds to meet City's liabilities under this contract. If adequate funds are not available to make payments under this contract, City will notify Contractor in writing within a reasonable time after such fact is determined. City may terminate this contract and will not be liable for failure to make payments to Contractor under this contract. 2. City will not be liable to Contractor for any costs incurred by Contractor, or any portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than City or Contractor. 3. City will not be liable to Contractor for any costs incurred by Contractor which are not allowable costs, as set forth in Section 6.A of this contract. 4. City will not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C and Exhibit D of this contract. 5. City will not be liable to Contractor for any non-audit costs incurred by Contractor in the performance of this contract which have not been billed to City by Contractor within sixty (60) days following termination of this contract, unless otherwise provided for in the Certificate of Expenditures (formerly known as a Certificate of Completion) referred to in Section 8.C of this contract. 6. City will not be liable for costs incurred or performances rendered by Contractor before the Date of Execution of this contract or after termination of this contract. 7. City shall not be liable for costs incurred and reserved on the Certificate of Expenditures, if such costs are not billed to Department within ninety (90) days after the contract's termination date. Audit funds reserved on the Certificate of Expenditures eligible for reimbursement under the provisions of Section 19 of this contract shall be billed to the Department within twelve (12) months after the end of Contractor's fiscal year that follows the termination date of this contract. Department shall deobligate all reserved funds not requested under this subsection. B. Excess Payments Contractor will refund to City any sum of money which has been paid to Contractor by City, which City determines has resulted in overpayment to Contractor, or which City determines has not been spent by Contractor strictly in accordance with the terms of this contract. No refund payment(s) may be made from local, state, or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. Such refund will be made by Contractor to City within thirty (30) working days after such refund is requested by City. C. Limit of Liability and Contract Funds Defined The term "contract funds" as used in this contract means funds provided by City under the CDBG RLF program. The term "Contractor's funds" as used in this contract means funds provided by Contractor and/or its economic/industrial development organizations. Page 2 of * TCF-PY02 Revised 11/5/02 Conlrac[¢~