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<br />MLE 325-178 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 19 of 35 <br />Subrecipient shall, within thirty (30) days of such termination, reimburse MLE for all funds <br />contributed by MLE to the Project; provided further that until the Subrecipient has fully <br />reimbursed MLE for such funds, the Subrecipient shall comply with the terms hereof. <br />Delinquent payments shall bear interest at the rate of 12 percent (12%) per annum, if such <br />rate shall exceed the maximum rate allowed by law, then as such maximum rate, and shall <br />be payable on demand. After ninety (90) days MLE may turn any delinquent debt over for <br />collection. <br />22.2 Termination Because of Inefficiency. Use of federal funds demands good stewardship. <br />MLE in an ongoing basis will be monitoring the performance of the subrecipient through <br />the subrecipient’s reporting into the MLE Statement of Activity Reporting system. If in <br />MLE’s opinion, these metrics demonstrate poor stewardship the Agreement will be <br />terminated. If feasible, MLE may work with the Subrecipient and give the Subrecipient an <br />opportunity to improve the metrics to what MLE believes is a healthy metric. <br />22.3 Termination Because of Non-Appropriation or Project Ineligibility. MLE, as provided <br />in Section 33 - Force Majeure, may modify or terminate this Agreement and at any time <br />upon 30 days prior written notice to the Subrecipient, may modify or terminate this <br />Agreement if: <br />a. MLE fails to receive funding or allotments, appropriations, limitations, or other <br />expenditure authority at levels sufficient to pay for the allowable costs of the <br />Project to be funded hereunder or should any state law, regulation or guideline <br />be modified, changed, or interpreted in such a way that the Project, or any <br />portion of the Project, is no longer eligible for facility grant funds. <br />b. In the event insufficient funds are appropriated for the payments under this <br />Agreement and the Subrecipient has no other lawfully available funds, then <br />the Subrecipient may terminate this Agreement at the end of its current federal <br />fiscal year, with no further liability to MLE. The Subrecipient shall deliver <br />written notice to MLE of such termination no later than 30 days from the <br />determination by the Subrecipient of the event of non-appropriation. MLE shall <br />pay for all authorized Project costs expended up to the date of written notice <br />of termination. <br />22.4 Termination for Default. MLE, at any time upon 30 days prior written notice of default to <br />the Subrecipient, may modify or terminate this Agreement if: <br />a. The design and implementation, of the Project is not pursued with due <br />diligence; or <br />b. The Project is not permissible under federal, state, or local law; or <br />c. The Subrecipient, does not abide by the nondiscrimination and affirmative <br />action provisions of this Agreement; or <br />d. The Subrecipient, without the prior written approval of MLE uses the funds <br />provided by MLE hereunder to pursue any project other than the Project <br />described in the final project approved by MLE; or <br />e. During the term of this Agreement, the Subrecipient fails to perform any <br />obligation or requirement of this Agreement. <br />f. The Subrecipient defaults under any other agreement between the Parties.