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It is further agreed that the Sponsor will reimburse the State for any payment or payments <br />made by the State in behalf of the Sponsor which are in excess of the federal percentage <br />of financial participation as stated in Paragraph II-2. The State shall refund to the <br />Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. <br />5. During design, if the estimated eligible construction project costs exceed Amount C, <br />above, the Sponsor may request the State to void this Agreement. The State shall agree to <br />void this Agreement upon the satisfaction of the following conditions: <br />a. the Sponsor's request to the State to void the Agreement shall be in writing and <br />dated; and <br />b. if required by the State, the Sponsor shall reimburse the State for funds expended <br />on this project and Sponsor shall assume the responsibility for any future expenses <br />for contracted services or materials related to the project for which a contract had <br />been executed prior to the Sponsor's request to void the Agreement. Sponsor <br />funds held by the State may be retained until this requirement is satisfied; and <br />c. failure on the part of the Sponsor to comply with the conditions of this paragraph <br />shall constitute a breach of this Agreement. <br />6. Upon satisfaction of the conditions speci~~eld A ent p hall haabono force and effectl <br />declare this Agreement null and void, and geem <br />except that unexpended or unencumbered moneys actually deposited by the Sponsor and <br />held with the State for project purposes shall be returned to the Sponsor within a <br />reasonable time. <br />7. If there is an overrun in the eligible project costs, the State may increase the grant to <br />cover the amount of overrun not to exceed the statutory twenty-five (25%) percent <br />limitation, and will advise the Sponsor by amendment of the increase. Upon receipt of <br />the aforementioned amendment, the maxo,mumlob em t lthe~f hare of he adjusted <br />grant <br />to the amount specified and the Spons <br />amount. <br />Participation in additional federally eligible costs may require approval by the Texas <br />Transportation Commission. The State ntl and t authorize <br />ndm nts~w~ithout the consent of <br />dollar amounts identified in this Agreem Y am <br />the Sponsor. <br />Payment of the United States share of the allowable project costs will be made in <br />accordance with the provisions of such regulations and procedures as the State and the <br />FAA, shall prescribe. Final determination of the United States share will be based upon <br />the final audit of the total amount of alto ~~bhe Federal shar of costsement will be made <br />for any upward or downward adjustmen <br />Page 3 of 35 <br />