CCP 08-28-2006 - Laserfiche WebLink

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TAX BASE REVITALIZATION ACCOUNT 4.03 Expenses of Recovery. The reasonable litigation expenses or other costs of legal or technical assistance incurred by the Grantee, the Council, or both, may be deducted from recovery obtained in . accordance with Paragraphs 4.01 or 4.02 and reimbursed to the entity incurring such costs before proceeds of the re<:overy arc distributed in accordance with Paragraph 4.04. 4.04 Reimbursement. Subject to the deduction provided in Paragraph 4.03, amounts recovered either by the Grantee or the Council from rcsponsihle persons and all other amounts otherwise received by the Grantee or the Council for cleanup of thc Site shall bc used to reimburse the Grantce, the Council, or any other nonresponsible party who contributed funds for cleanup of the Site in proportion to thcir respective paymcnts for response costs. 4.05 Survival of Recovery and Repayment Provisions. The provIsIons of Paragraphs 4.01 through 4.04 shall survive the expiration or termination of this Agreement. V. AGREEMENT TERM 5.01 Term. This Agreement is effcctive upon exccution ofthc Agreement by the Council. Unless terminated pursuant to Paragraph 5.02, this Agreement terminates on the End Date identified at Page I ofthis Agreement and ALL GRANT F'UNDS NOT EXPENDED BY THE GRANTEE PRIOR TO TIlE END DATE SHALL REVERT TO THE COUNCIL. 5.02 Termination. This Agrcement may bc tcrminated by the Council for causc at any time upon fourtccn (14) calendar days' written notice to the Grantee. Causc shall mean a material breach of this Agreemcnt and any amendments of this Agrccment. Ifthis Agreement is tCl1ninatcd prior to the End Date, thc Grantee shall reccive paymcnt on a pro rata basis j()r eligible project activities describcd in Attachment A that have been completed prior to the termination. Temlination of this Agrccmcnt does not alter the Council's authority to recover grant funds on the basis of a latcr audit or other rcview, and does not alter the Grantcc's obligation to return any grant funds due to the Council as a result of later audits or corrections. Ifthc Council dctcrnlines the Grantee has failcd to comply with the terms and conditions of this Agreement and the applicable provisions of the Metropolitan Livable Communitics Act, the Council may takc any action to protect thc Council's interests and may refusc to disburse additional grant funds and may require thc Grantee to return all or part of the grant funds already disbursed. 5.03 Amendments and Extensions. The Council and thc Grantce may amend this Agrecmcnt by mutual agreement. Amcndments or extcnsions of this Agreement shall be effective only on thc cxecution of wlitten amendmcnts signed by authOlizcd representatives of the Council and the Grantcc. The End Date may be extendcd beyond the original End Datc identified at Page I of this Agreement if~ AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO TIlE END DATE, the Grantee's authorized reprcsentative submits a written extension request that: (a) states the reason for the extension request: (b) identifics a new completion date, which shall not exceed one year beyond the original End Datc; and (c) describcs in reasonable detail any proposed changes to the projcct activities and budget. THE END DATE MAY BE EXTENDED ONLY ONCE. TIlE PERIOD OF THE ONE-TIME EXTENSION SHALL NOT EXCEED ONE (l) YEAR BEYOND THE ORIGINAL END DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT. Any additional extcnsion requests from the Grantee must be approved by the goveming body of the Metropolitan Council. Page 6 of9 Pages . . (1(