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<br />. 2. Department shall n~ Je liable to Contractor for any costs incurred by Contractor, or any <br />portion th~reof, which has been paid to Contractor or is subject to payment to Contractor, or has <br />been reimbursed to Contractor or is subject to reimbursement to Contractor by any source other <br />than Department or Contractor. <br /> <br />3. Department shall not be liable to Contractor for any costs incurred by Contractor which are not <br />allowable costs, as set forth in Section 6 (A) of this contract. <br /> <br />4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any <br />performances rendered by Contractor which are not strictly in accordance with the terms of this <br />contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this <br />contract. <br /> <br />5. Department shall not be liable to Contractor for any costs incurred by Contractor in the <br />performance of this contract which have not been billed to Department by Contractor within sixty <br />(60) days following termination of this contract unless otherwise provided for in the Certificate of <br />Completion referred to in Section 8 (C) of this contract. <br /> <br />6. Department shall not be liable for costs incurred or performances rendered by Contractor <br />before commencement of this contract or after termination of this contract, except as may be <br />specifically set forth in Exhibit B, Budget, of this contract. <br /> <br />7. Department shall not be liable for costs incurred and reserved on the Certificate of Completion <br />if such costs are not billed to Department within ninety days after the contract's termination date. <br />Audit funds reserved on the Certificate of Completion eligible for reimbursement under the <br />provisions of Section 19 of this contract shall be billed to the Department within twelve months <br />after the end of Contractor's fiscal year that follows the termination date of this contract. <br />Department shall deobligate all reserved funds not requested under this subsection. <br /> <br />B. Excess Pavments <br /> <br />Contractor shall refund to Department any sum of money which has been paid to Contractor by <br />Department, which Department determines has resulted in overpayment to Contractor, or which <br />Department determines has not been spent by Contractor strictly in accordance with the terms of this <br />contract. Such refund shall be made by Contractor to Department within thirty (30) working days atnlr <br />such refund is requested by Department. <br /> <br />C. limit of liabilitv <br /> <br />Notwithstanding any other provision of this contract, the total of all payments and other obligations <br />incurred by Department under this contract shall not exceed the sum of Three Hundred Ninty-nine <br />Thousand Five Hundred and No/100 Dollars ($399,500). <br /> <br />SECTION 5. <br /> <br />METHOD OF PAYMENT <br /> <br />A. Contractor shall submit t.o Department at its offices in Travis County, Texas, a properly completed <br />Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually <br />needed. Department shall determine the reasonableness of each amount requested and shall not <br />make disbursement of any such payment until Department has reviewed and approved such Request. <br /> <br />B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective <br />operation of programs under this contract, and shall be timed as closely as possible to be in accord <br />with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing <br />between the transfer of funds from Department to Contractor and shall ensure that such funds are <br />disbursed as soon as adm,inistratively possible. <br /> <br />Page 2 of 13 <br />