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1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced <br /> funds shall be placed in an interest bearing account until expended. Interest <br /> earned on the advanced funds shall be used on the project as approved by the <br /> STATE. If grant monies are advanced and not expended, the unused portion of the <br /> grant and any interest earned shall be returned to the STATE within 60 days after <br /> project completion or end of the Grant Performance Period, whichever is earlier. <br /> 2. The GRANTEE shall submit written project status reports within 30 calendar days <br /> after the STATE has made such a request. In any event, the GRANTEE shall <br /> provide the STATE a report showing total final project expenditures within 60 days <br /> of project completion or the end of the grant performance period, whichever is <br /> earlier. The Grant Performance Period is identified in Section I of this CONTRACT. <br /> 3. The GRANTEE shall make property or facilities acquired and/or developed <br /> pursuant to this contract available for inspection upon request by the STATE. <br /> E. Project Termination <br /> 1. Project Termination refers to the non-completion of a GRANT SCOPE. Any <br /> grant funds that have not been expended by the GRANTEE shall revert to the <br /> STATE. <br /> 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the <br /> commencement of the project. The commencement of the project means the date <br /> of the letter notifying GRANTEE of the award or when the funds are appropriated, <br /> whichever is later. After project commencement, this CONTRACT may be <br /> rescinded, modified or amended only by mutual agreement in writing between the <br /> GRANTEE and the STATE, unless the provisions of this CONTRACT provide that <br /> mutual agreement is not required. <br /> 3. Failure by the GRANTEE to comply with the terms of the (a) GUIDE, (b) any <br /> legislation applicable to the ACT, (c) this CONTRACT as well as any other grant <br /> contracts, specified or general, that GRANTEE has entered into with STATE, may <br /> be cause for suspension of all obligations of the STATE unless the STATE <br /> determines that such failure was due to no fault of the GRANTEE. In such case, <br /> STATE may reimburse GRANTEE for eligible costs properly incurred in <br /> performance of this CONTRACT despite non-performance of the GRANTEE. To <br /> qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best <br /> of its ability. <br /> 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by <br /> the GRANTEE shall be a default of this CONTRACT. In the case of any default by <br /> GRANTEE, STATE shall be entitled to all remedies available under law and equity, <br /> including but not limited to: a) Specific Performance; b) Return of all GRANT <br /> MONIES; c) Payment to the STATE of the fair market value of the project property <br /> or the actual sales price, whichever is higher; and d) Payment to the STATE of the <br /> costs of enforcement of this CONTRACT, including but not limited to court and <br /> arbitration costs, fees, expenses of litigation, and reasonable attorney fees. <br /> 3 <br />