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<br />receipt of adequate sta.e and/or federal funds to meet D~~artment's <br />liabilities under this contract. If adequate funds are not available to make <br />payments under this contract, Department shall notify Contractor in writing <br />within a reasonable time after such fact is determined. Department shall <br />terminate this contract and will not be liable for failure to make payments to <br />Contractor under this contract. <br /> <br />2. Department 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 Department or <br />Contractor. <br /> <br />3. Department shall not be liable for any costs incurred by Contractor which <br />are not allowable costs, as set forth in Section 6 of this contract. <br /> <br />4. Department 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, and Exhibit C of this contract. <br /> <br />5. Department 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 />Department by Contractor within sixty (60) days following termination of this <br />contract unless otherwise provided for in the Project Completion Report(s) <br />referred to in Section 8(C) of this contract. <br /> <br />6. Department 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 />7. The total amount for all payments for eligible administrative costs, as <br />specified by Department, incurred by Contractor under this contract shall not <br />exceed Eighteen Thousand Seven Hundred Fifty and No/100 Dollars ($18,750.00). <br /> <br />B. Excess Payments <br /> <br />Contractor shall refund any sum of money which has been paid to Contractor <br />under this contract, which Department determines has resulted in overpayment <br />to Contractor, or which Department determines has not been spent by Contractor <br />strictly in accordance with the terms of this contract. Such refund shall be <br />made by Contractor to U.S. Department of Housing of Urban Development (HUD) <br />within thirty (30) working days after such refund is requested by Department. <br /> <br />C. Limit of Liability <br /> <br />Notwithstanding any other provision of this contract, the total of all amounts <br />obligated by Department under this contract shall not exceed the sum of Three <br />Hundred Thousand and No/100 Dollars ($300,000.00). <br /> <br />SECTION 5. <br /> <br />METHOD OF PAYMENT <br /> <br />A. Program Funds: HUD's Cash and Management Information (e/MI) system for <br />the Rental Rehabilitation Program, Notice CPD 88-09, issued March 8, 1988, and <br />any modifications thereto, shall be used as the method for disbursement of <br />rental rehabilitation program funds obligated to Contractor under this <br />contract. <br /> <br />PAGE 2 OF 11 <br />