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to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or
<br />otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in
<br />whole or in part without further liability in accordance with the provisions herein.
<br />iv. Erroneous Payments
<br />At the State's sole discretion, payxnents made to Grantee in error for any reason, including, but not
<br />limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
<br />may be recovered from Grantee by deduction from subsequent payments under this Grant or other
<br />Grants, grants or agreements between the State and Grantee or by other appropriate methods and
<br />collected as a debt due to the Sta,te. Such funds shall not be paid to any party other than the Sta.te.
<br />B. Use of Funds
<br />Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. The State's total
<br />consideration shall not exceed the maximum amount shown herein.
<br />8. REPORTING - NOTIFICATION
<br />Reports, Evaluations, and Reviews required under this §8 sha11 be in accordance with the procedures of and in
<br />such form as prescribed by the State and in accordance with §19, if applicable.
<br />A. Performance, Progress, Personnel, and Funds
<br />Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an
<br />Evaluation and Review of Grantee's perforxnance and the final status of Grantee's obligations hereunder. In
<br />addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A.
<br />B. Litigation Reporting
<br />Within 10 days after being served with any pleading in a legal action �led with a court or administrative
<br />agency, related to this Grant or which may affect Crrantee's ability to perform its obligations hereunder,
<br />Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
<br />representative as identified herein. If the State's principal representative is not then serving, such notice and
<br />copies shall be delivered to the Executive Director of the Colorado Department of Natural Resources.
<br />C. Noncompliance
<br />Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §S may
<br />result in the delay of payment of funds and/or termination as provided under this Grant.
<br />D. SubGrants
<br />Copies of any and all subGrants entered into by Grantee to perform its obligations hereunder shall be
<br />submitted to the State or its principal representative upon request by the State. Any and all subGrants
<br />entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
<br />state laws and shall provide that such subGrants be governed by the laws of the State of Colorado.
<br />9. GRANTEE RECORDS
<br />Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
<br />A. Maintenance
<br />Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
<br />all records, documents, communications, notes and other written materials, electronic media files, and
<br />communications, pertaining in any manner to the Work or the delivery of Services (including, but not
<br />limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record
<br />Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant
<br />is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (rii) for such
<br />further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or
<br />Grantee has received notice that an audit is pending, then until such audit has been completed and its
<br />findings have been resolved (the "Record Retention Period").
<br />B. Inspection
<br />Grantee shall permit the State, the federal government and any other duly authorized agent of a
<br />governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's recards related to
<br />this Grant during the Record Retention Period for a period of three years following termination of this
<br />Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
<br />evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
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