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A.23 RECAPTURE PROVISION
<br /> In the event the SUB-GRANTEE fails to expend funds under this Agreement in
<br /> accordance with applicable federal, state, and local laws and/or the provisions of the
<br /> Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
<br /> equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
<br /> of the project following Grant Agreement termination. Repayment by the SUB-
<br /> GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
<br /> In the event the DEPARTMENT is required to institute legal proceedings to enforce the
<br /> recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
<br /> attorney fees.
<br /> A.24 RECORDS
<br /> a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
<br /> invoices and all other electronic or written records necessary to sufficiently and
<br /> properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
<br /> including all direct and indirect charges, and expenditures in the performance of this
<br /> Grant Agreement(the"records").
<br /> b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
<br /> funded may be inspected and audited by the DEPARTMENT or its designee, by the
<br /> Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
<br /> General of the United States or its designees, or by other state or federal officials
<br /> authorized by law, for the purposes of determining compliance by the SUB-
<br /> GRANTEE with the terms of this Grant Agreement and to determine the appropriate
<br /> level of funding to be paid under the Grant Agreement.
<br /> c. The records shall be made available by the SUB-GRANTEE for such inspection and
<br /> audit, together with suitable space for such purpose, at any and all times during the
<br /> SUB-GRANTEE's normal working day.
<br /> d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
<br /> Agreement and the funded project(s) for a period of at least six (6) years following
<br /> final payment and closure of the grant under this Grant Agreement.
<br /> A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
<br /> While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
<br /> project/statement of work/work plan (project) by providing grant funds pursuant to this
<br /> Grant Agreement, the project itself remains the sole responsibility of the SUB-
<br /> GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
<br /> to any third party, other than as is expressly set out in this Grant Agreement.
<br /> The responsibility for the design, development, construction, implementation, operation
<br /> and maintenance of the project, as these phrases are applicable to this project, is solely.
<br /> that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
<br /> third party related in any way to the project.
<br /> Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
<br /> applicable Federal, State, and local permits and clearances are obtained, including but
<br /> not limited to FEMA compliance with the National Environmental Policy Act, the National
<br /> Historic Preservation Act, the Endangered Species Act, and all other environmental laws
<br /> and executive orders.
<br /> The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
<br /> equity, which may be brought against the SUB-GRANTEE in connection with the project.
<br /> The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
<br /> agency, or to any of their employees or agents, for any performance, assistance, or any
<br /> payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
<br /> in connection with any claim or lawsuit brought by any third party related to any design,
<br /> development, construction, implementation, operation and/or maintenance of a project.
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