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Agreement No. D11-066 <br />approval from the PARTIES of potential cost overruns, the COUNTY shall seek approval of the excess <br />cost from the PARTIES in the form of a revised budget and, upon approval, shall invoice each PARTY for <br />its prorated share of the excess cost up to the amount of the revised approved budget. Each PARTY shall <br />pay the billing within 45 calendar days of the date of the invoice. If the fiscal year end accounting results <br />in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits will carry forward <br />to reduce the billings for the following year. The fiscal year end accounting results and associated <br />invoices for each PARTY will take into consideration any outside funding provided for programs in the <br />approved budget from entities not party to this AGREEMENT. <br />Upon termination of the program, a final accounting shall be performed by the COUNTY. If <br />costs remaining after the deduction of interest costs exceed the sum of the deposits, the COUNTY shall <br />invoice each PARTY for its prorated share of the deficit. Each PARTY shall pay the invoice within 45 <br />calendar days of the date of the invoice. If the sum of the deposits, including interest, exceeds the costs, <br />the COUNTY shall reimburse to each PARTY its prorated share of the excess, within 45 calendar days of <br />the final accounting. <br />Section 9. ADDITIONAL PARTIES. It is recognized that there may be other parties who wish to <br />participate in and provide funding for the activities described in this AGREEMENT. Nothing in this <br />AGREEMENT is intended to preclude additional participants being added by written amendment as <br />parties to this AGREEMENT pursuant to Section 10. Cost allocations for the additional parties and <br />PARTIES will be revised based on the funding formula in Exhibit A. <br />Section 10. AMENDMENT. This AGREEMENT may be amended in writing only with the <br />unanimous written approval of the parties. <br />Section 11. LIABILITY. It is mutually understood and agreed that, merely by the virtue of <br />entering into this AGREEMENT, each PARTY neither relinquishes any rights nor assumes any liabilities <br />for its own actions or the actions of other PARTIES. It is the intent of the PARTIES that the rights and <br />liabilities of each Party shall remain the same, while this AGREEMENT is in force, as it was before this <br />AGREEMENT was made, except as otherwise specifically provided in this agreement. <br />Page 5 of 22 <br />25A-9