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<br />contract by Contractor, subject to the limitations set forth in this Section 4. <br /> <br />1. It is expressly understood and agreed by the parties hereto that ATCOG's <br />obligations under this Section 4 are contingent upon the actual receipt of <br />federal funds to meet A TCOG' s liabilities under this contract. If adequate funds <br />are not available to make payments under this contract, A TCOG shall notify <br />Contractor in writing within a reasonable time after such fact is determined. <br />ATCOG shall terminate this contract and will not be liable for failure to make <br />payments to Contractor under this contract. <br /> <br />2. ATCOG shall not be liable to Contractor for any costs incurred by <br />Contractor, or any portion thereof, which has been paid to Contractor or is <br />subject to payment to Contractor, or has been reimbursed to Contractor or is <br />subject to reimbursement to Contractor by any source other than ATCOG or <br />Contractor. <br /> <br />3. ATCOG shall not be liable to Contractor for any costs incurred by <br />Contractor which are not allowable costs, as set forth in Section 6 (B) of this <br />contract. <br /> <br />4. ATCOG shall not be liable to Contractor for any costs incurred by <br />Contractor or for any performances rendered by Contractor which are not <br />strictly in accordance with the terms of this contract, including the terms of <br />Exhibit A, Exhibit B, Exhibit C, Exhibit 0, and Exhibit E of this contract. <br /> <br />5. ATCOG shall not be liable to Contractor for any costs incurred by <br />Contractor in the performance of this contract which have not been billed to <br />ATCOG by Contractor within sixty (60) days following termination of this <br />contract unless otherwise provided for in the Certificate of Completion referred <br />to in Section 8 (C) of this contract. <br /> <br />6. ATCOG shall not be liable for costs incurred or performances rendered <br />by Contractor before commencement of this contract or after termination of <br />this contract. <br /> <br />B. Excess Payments <br /> <br />Contractor shall refund to A TCOG any sum of money which has been paid to <br />Contractor by ATCOG, which ATCOG determines has resulted in overpayment to <br />Contractor, or which ATCOG determines has not been spent by Contractor strictly in <br />accordance with the terms of this contract. Such refund shall be made by Contractor <br />to ATCOG within thirty (30) working days after such refund is requested by ATCOG. <br /> <br />Page 2 <br />