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s f, <br /> 7 <br /> • <br /> use of clean energy,and purchase and use of sustainably produced products(e.g.,recycled <br /> paper). For more information, see http://www.ecv.wa.gov/sustainability/. <br /> O.RECOVERY OF PAYMENTS TO RECIPIENT <br /> The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent <br /> upon satisfactory performance of this agreement including the satisfactory completion of the <br /> project described in the Scope of Work. In the event the RECIPIENT fails,for any reason,to <br /> perform obligations required of it by this agreement,the RECIPIENT may,at the <br /> DEPARTMENT's sole discretion,be required to repay to the DEPARTMENT all grant/loan • <br /> funds disbursed to the RECIPIENT for those part of the project that are rendered worthless in <br /> the opinion of the DEPARTMENT by such failure to perform. <br /> Interest shall accrue at the rate of twelve percent per.year from the time the DEPARTMENT <br /> demands repayment of funds.If payments have been discontinued by the DEPARTMENT due to <br /> insufficient funds as in Section K.2 above,the RECIPIENT shall not be obligated to repay <br /> monies which had been paid to the RECIPIENT prior to such termination. Any property acquired <br /> under this agreement,at the option of the DEPARTMENT,may become the DEPARTMENT'S <br /> property and the RECIPIENT'S liability to repay monies shall be reduced by an amount <br /> reflecting the fair value of such property. <br /> P.PROJECT APPROVAL <br /> The extent and character of all work and services to be performed under this agreement by the <br /> RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the <br /> Project Officer or other designated official to whom the RECIPIENT shall report and be <br /> responsible. In the event there is a dispute with regard to the extent and character of the work to <br /> be done,the determination of the Project Officer or other designated official as to the extent and <br /> character of the work to be done shall govern. The RECIPIENT shall have the right to appeal <br /> decisions as provided for below. <br /> • Q.DISPUTES • • • <br /> Except as otherwise provided in this agreement, any dispute concerning a question of fact arising <br /> under this agreement which is not disposed of in writing shall be decided by the Project Officer <br /> or other designated official who shall provide a written statement of decision to the RECIPIENT. <br /> • • The decision of the Project Officer or other designated official shall be final and conclusive <br /> unless,within thirty days from the date of receipt of such statement,the RECIPIENT mails or <br /> otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with <br /> appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be <br /> heard and to offer evidence in support of this appeal. The decision of.the Director or duly <br /> authorized representative for the determination of such appeals shall be final and conclusive. <br /> Appeals from the Director's determination shall be brought in the Superior Court of Thurston <br /> County.Review of the decision of the Director will not be sought before either the Pollution <br /> Control Hearings Board or the Shoreline Hearings Board.Pending final decision of dispute <br /> hereunder,the RECIPIENT shall proceed diligently with the performance of this agreement and <br /> in accordance with the decision rendered. <br /> 21 <br /> 68 <br />