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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 /> is completed or terminated,or(ii)final payment is made hereunder,whichever is later,or(iii)for such <br /> further period as may be necessary to resolve any pending matters,or(iv)if an audit is occurring,or <br /> Page 4 of 15 <br />