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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 /> C. Matching Funds <br /> Grantee shall provide matching funds as provided in Exhibit A <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 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 /> 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 records 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 /> Page 4 of 15 <br />