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<br /> 1. It is expressly understood and agreed by the parties hereto that <br /> Department's obligations under this Section 4 are contingent upon the <br /> actual receipt of adequate state and/or federal funds to meet Department's <br /> liabilities under this contract. If adequate funds are not available to <br /> make payments under this contract, Department shall notify Contractor in <br /> writing within a reasonable time after such fact is determined. <br /> Department shall terminate this contract and will not be liable for <br /> failure to make payments to Contractor under this contract. <br /> 2. Department shall not be liable to Contractor for any costs incurred by <br /> Contractor, or any portion thereof, which has been paid to Contractor or <br /> is subject to payment to Contractor, or has been reimbursed to Contractor <br /> or is subject to reimbursement to Contractor by any source other than <br /> Department or Contractor. <br /> 3. Department shall not be liable to Contractor for any costs incurred by <br /> Contractor which are not allowable costs, as set forth in Section 6 (B) of <br /> this contract. <br /> 4. Department shall not be liable to Contractor for any costs incurred by <br /> Contractor or for any performances rendered by Contractor which are not <br /> strictly in accordance with the terms of this contract, including the <br /> terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this <br /> contract. <br /> 5. Department shall not be liable to Contractor for any costs incurred by <br /> Contractor in the performance of this contract which have not been billed <br /> to Department by Contractor within sixty (60) days following termination <br /> of this contract unless otherwise provided for in the Certificate of <br /> Completion referred to in Section 8 (C) of this contract. <br /> 6. Department shall not be liable for costs incurred or performances <br /> rendered by Contractor before commencement of this contract or after <br /> termination of this contract. <br />B. Excess Payments <br />Contractor shall refund to Department any sum of money which has been paid to <br />Contractor by Department, which Department determines has resulted in <br />overpayment to Contractor, or which Department determines has not been spent <br />by Contractor strictly in accordance with the terms of this contract. Such <br />refund shall be made by Contractor to Department within thirty (30) working <br />days after such refund is requested by Department. <br />C. Limit of Liability <br />Notwithstanding any other provision of this contract, the total of all <br />payments and other obligations incurred by Department under this contract <br />shall not exceed the sum of One Hundred Sixty Thousand and No/IOO Dollars <br />($160,OOO.OO). <br /> Page 2 of 14 Pages <br />