Southwest - MontroseCounty_WestMontroseCntyReservoirProject_CTGG1 2016-1247_ExhA&B

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B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Grant Exhihits shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 45 days af receipt thereof if tiie amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so r�uests, bear interest on the unpaid balance beginning on the 4Gth day at a rate not to exceed one percent per month until paid in futl; provided, hawever, that interest shatl not accrue on unpaid amounts that are subject to a good faith dispute. Grantee sha11 invoice the State separa#ely for accrued interest on delinquent amounts. T'he'billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Available Funds-Cantingency-Termination The State is prohibited by law from making fiscal commitrnents beyond the term of the State's current fiscal year. Therefore, Grantee's cornpensation is contingeirt upon the continuing avaiiability of State appropriations as provided in the Colorado Special Provisions, set farth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursu�nt to this Grant shall be made oniy from available funds encumbered for this Grant and the State's liability for such p�ayments shall be limited to the amaunt remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erraneous Payments At the State's sole discretion, payments made to Grantee in enor for any reasan, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appcapriate methods and coltected as a debt dve ta the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Fnnds Grant Funds shall be used only for eligible costs identified here'rn andlar in the B'�udget. The State's total consideration shall not exceed the maximum amaunt shown herein. D. Matching Funds (Onty if Applicable) Grantee shall provide matching funds as prnvided in Exhibit A. Grantee shall have raised the full amount of matching funds prior ta the Effective Date and shall report to the State regarding the status of such funds upon request. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with �the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personuel, and Fur�ds State shalt submit a report to khe Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shali comply with all reporting requirements, if any, set forth in Grant E�ibits. B. Litigadon Reporting Within 10 days after being served with any pleading in a legal action filed with � court or administrative agency, related to this Grant ar which may affect Grantee's ability to �rform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleading� to ths State's princi�l Page 4 of 16