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invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the <br />delinquent payment, the number of day's interest to be paid and the interest rate. <br />iii. Available Funds - Contingency- Termination <br />The State is prohibited by law from making fiscal commitments beyond the term of the State's current <br />fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State <br />appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are <br />used with this Grant in whole or in part, the State's performance hereunder is contingent upon the <br />continuing availability of such funds. Payments pursuant to this Grant shall be made only from <br />available funds encumbered for this Grant and the State's liability for such payments shall be limited <br />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, payments 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 State. Such funds shall not be paid to any party other than the State. <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 shall 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 performance 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 and Exhibit <br />B. <br />B. Litigation Reporting <br />Within 10 days after being served with any pleading in a legal action filed with a court or administrative <br />agency, related to this Grant or which may affect Grantee'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 §8 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 />Page 4 of 15 <br />