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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />discretion, modify the date upon which the final claim per term must be <br />received, upon written notice to CONTRACTOR. <br />20.4.4 The basis for final settlement shall be the actual <br />allowable costs as defined in Title 45 CFR and OMB Circular A-87, incurred and <br />paid by CONTRACTOR pursuant to this Agreement; limited, however, to the <br />maximum obligation of COUNTY. In the event that any overpayment has been <br />made, COUNTY may offset the amount of the overpayment against the final <br />payment. In the event overpayment exceeds the final payment, CONTRACTOR shall <br />pay COUNTY all such sums within five (5) business days of notice from COUNTY. <br />Nothing herein shall be construed as limiting the remedies of COUNTY in the <br />event an overpayment has been made. <br />20.5 Seventy-Five Percent Expenditure Notifications: <br />20.5.1 CONTRACTOR shall maintain a system of record keeping that <br />will allow CONTRACTOR to determine when it has incurred seventy-five percent <br />(75%) of the total contract authorizations under this Agreement. Upon <br />occurrence of this event, CONTRACTOR shall send written notification to <br />ADMINISTRATOR. <br />21. OVERPAYMENTS <br />Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which <br />CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in <br />accordance with any applicable regulations and/or policies in effect during <br />the term of this Agreement, or as established by COUNTY procedure. Any <br />overpayments made by COUNTY which result from a payment by any other funding <br />source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the <br />funding source. Unless earlier repaid, CONTRACTOR shall make repayment within <br />thirty (30) days after the date of the final audit findings report and prior <br />to any administrative appeal process. In the event an overpayment owing by <br />CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR <br />I (WAM0313) <br />24 of 40 (April a. 2013)