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• <br /> 6. The completed project has been accepted by RCO; <br /> 7. Final amendments have been processed; <br /> 8. Fiscal transactions are complete, and <br /> 9. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the <br /> future. <br /> RECOVERY OF PAYMENTS <br /> A. Recovery for Noncompliance.In the event that the Sponsor fails to expend funds under this Agreement in <br /> accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project <br /> total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in <br /> addition to any other remedies available at law or in equity. <br /> B. Overpayment Payments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made <br /> under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 <br /> days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time that <br /> payment becomes due and owing. <br /> COVENANT AGAINST CONTINGENT FEES <br /> The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an <br /> agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or <br /> bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the <br /> event of breach of this clause by the Sponsor,to terminate this Agreement without liability or, in its discretion, to deduct from <br /> the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, <br /> brokerage orcontingent fee. <br /> INCOME(AND FEES)AND USE OF INCOME <br /> See WAC 286-13-110 for additional requirements for projects funded from the RCFB. <br /> A. Compatible source.The source of any income generated in a funded project or project area must be compatible with <br /> the funding source and the Agreement and any applicable manuals,RCWs,and WACs. <br /> B. Use of Income.Subject to any limitations contained in applicable state or federal law and applicable rules and <br /> policies, income or fees generated at a project work site(including a di ance, utility corridor permit,cattle grazing, <br /> timber harvesting,farming,etc.)during or after the reimbursement period cited in the Agreement,must be used to - <br /> offset <br /> 1. The Sponsor's matching resources; <br /> 2. The project's total cost; <br /> 3. The expense of operation, maintenance,stewardship,monitoring,and/or repair of the facility or program <br /> assisted by the grant funding; <br /> 4. The expense of operation, maintenance,stewardship, monitoring,and/or repair of other similar units in the <br /> Sponsor's system; <br /> 5. Capital expenses for similar acquisition and/or development and renovation;and/or <br /> 6. Other purposes explicitly approved by RCO. <br /> C. Fees. User end/or other fees may be charged in connection with land acquired or facilities developed, maintained, <br /> renovated, or restored and shall,be consistent with the: <br /> 1. Grant program laws,rules,and applicable manuals; . <br /> • 2. Value of any service(s)furnished; • <br /> • <br /> • 3. Value of any opportunities furnished;and • <br /> 4. Prevailing range of public fees in the state for the activity involved. <br /> 24 <br /> RCO. 18-2022 Revision Date: 1/1/2019 Page 13 of 19 <br />