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<br />Attachment C <br />Payment and Rscal Management <br /> <br />(iii) <br /> <br />advantage issue does not exist After six years of the initiation date of <br />this Agreement, ATCOG is not required to obtain authorization for a <br />change in use of the property acquired under this Agreement, but the <br />provisions of Section 361.014 (b) of the Texas Health and Safety <br />Codes Ann. Shall still apply. <br />If any property acquired or replaced under this Agreement is sold or <br />transferred within six years of the initiation date of this Agreement, the <br />TNRCC is entitled to a share of the proceeds from such sale or may <br />require the transfer of ownership of the property to a third party, <br />provided the fair market, per-unit value of the property at the time of <br />the sale is in excess of five thousand dollars ($5,000). The TNRCC ' s <br />share of the sale proceeds shall be the same percentage as was the <br />fundin9 provided under this Agreement that enabled the original <br />purchase or acquisition of the property in question. Property that is no <br />longer needed and that has a fair market, per-unit value of five <br />thousand dollars ($5,000) or less may be retained, sold, transferred, <br />or otherwise disposed of with no further obligation to TNRCC provided <br />the other requirements set forth in this Agreement are met, including <br />the requirements of Section 361.014 (b) of the Texas Health and <br />Safety Codes Ann. <br /> <br />If, prior to the termination date of this Agreement, A TCOG determines <br />that any proPerty acquired with funds provided as a result of this <br />Agreement is no longer needed for the original intended project, the <br />TNRCC may require ATCOG to transfer title and possession of such <br />property to a third party named by TNRCC. '. <br /> <br />Ii <br />, <br /> <br />ATCOG shall not grant or allow to a third party a security interest in <br />any original or replacement materials, equipment, or facilities <br />purchased or constructed with funds made. available under this <br />Agreement. <br /> <br />SECTION 7.0 REQUEST FOR PAYMENT <br /> <br />7.1. Contractor shall be responsible fo~ accurately completing and submitting request <br />for payment documents to ATCOG monthly. ATCOG shall be responsible for <br />processing and mailing payment to Contractor upon A TCOO's sole determination <br />that Contractor has satisfactonly provided related performance in accordance with <br />the terms of this Contract. A TCOG shall reimburse Contractor only for expenses <br />incurred during the term of this Contract. Request for payment documents shall <br />include but not be limited to the following: <br /> <br />. <br />~j 1 <br />I <br />. <br /> <br />Page 17 of 46 <br />