UCRIP Cost Share Contract w/ CRWCD

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expended by the STATE on this PROJECT shall be credited to -the STATE's cost share obligations pursuant to Public Law 10fi-392 until the PROJECT is terminated or otherwise completed as provided for herein. 3. If one of the events described in paragraph 3.A.1 occurs and the RIVER DISTRICT concludes that.it is not r-equired to construct the PROJECT, or if the STATE exercises the contingency described in paragraph 3,A.2, the parties agree to consult with the Bureau of Reclama#ion, the Fish and Wildlife Service, and the Recovery Program to discuss the situation at issue and to explore how the PROJECT can proceed despite the situation. - 4. In the event that the RIVER DISTRICT is excused from constructing the PROJECT due to the occurrence of an event listed in section 3.A.1 herein, the RIVER DISTRICT shall return to DNR all funds paid to the RIVER DISTRICT under this Contract that have not yet been expended. In the event that State funds are spent on real property or easement acquisition, the River District shall -reimburse DNR -the amount of the funds spent on real property acquisition minus a ten percent (10%) management fee. Any such funds returned by the River District to the State shall be deposited into the Species Conservation Trust Fund. B. Time of performance. The CONTRACTOR recognizes that -time -is of the essence in the performance of its obligations under this contract. Therefore, -the CONTRACTOR shall be responsible for the completion of the PROJECT within the- time specified in Section 3 (Time of Performance) of the Project Summary. - C. Disbursement of funds. The STATE shall disburse funds to the CONTRACTOR in accordance with Section 4 (Disbursemen# Schedule) of the Projec# Summary.- D. Return of unused -funds. Any funds disbursed but not expended for the PROJECT in accordance with~the terms of this Contract shat! be remitted to the STATE within 30 days of either (1) completion of- the PFt4JECT, or (2) upon termination of this Contract by the-STATE in accordance with Paragraph 3.E herein. Any such funds returned by the River District to -the State shall be deposited =into the Species - Conservation Trust -Fund. E. Terms-nation of contract for cause. lf, through any cause, the CONTRACTOR fails to fulfill in a' timely and proper manner its obligations under this contr-act, or if the CONTRACTOR violates any of the provisions of this contr-act, the STATE, shall thereupon have the right to -terminate this contract for cause by -giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before -the effe-dive date of such termination. Upon submittal to the STATE of a statement of PROJECT costs for the period preceding the effective - date of the ter-urination of this contract, the CONTRACTOR shall be entitled to receive the STAT~'s share of such PROJECT costs that have been incurred before the effective date of-termination of this contract, and have not yet been paid for as of the effective termination -date. - - ~ ~ - - s