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i.Advance,Iterim and Final Payments <br /> Any payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be <br /> made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any <br /> payment requests by submitting invoices to the State in the form and manner set forth and approved by <br /> the State, <br /> ii.Interest <br /> The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced <br /> represents peformance by Grantee previously accepted by the State.Uncontested amounts not paid by <br /> the State within 45 days may, if Grantee so requests,bear interest on the unpaid balance beginning on <br /> the 46th day at a rate not to exceed one percent per month until paid in full; provided,however,that <br /> interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall <br /> 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,as provided by its Subgrantees,to the State upon expiration or sooner <br /> termination of this Grant,containing an Evaluation and Review of Grantee's performance and the final <br /> status of Grantee's obligations hereunder. In addition,Grantee shall comply with and require its <br /> Subgrantees to comply with,all reporting requirements, if any,set forth in Exhibit A and Exhibit 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 /> Page 4 of 16 <br />