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CSJ #0901 -29 -079 Fed.# STP2014(095)TE <br />District # 01 PAR <br />Code Chart 64 #50139 <br />Project: West Paris Multi -use Trail <br />Federal Highway Administration <br />CFDA #20.205 <br />Not Research and Development <br />AGREEMENT <br />1. Period of the Agreement <br />This Agreement becomes effective when signed by the last party whose signing makes the <br />Agreement fully executed. This Agreement shall remain in effect until terminated as provided in <br />Article 2. <br />2. Termination of the Agreement <br />A. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities <br />of the State under this Agreement and may be terminated by any of the following conditions: <br />1. By mutual written consent and agreement of all parties; <br />2. By any party with 90 days written notice; or <br />3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this <br />Agreement. Any cost incurred due to such breach of contract shall be paid by the <br />breaching party. <br />B. If the potential termination of the Agreement is due to the failure of the Local Government to <br />fulfill its contractual obligations, the State will notify the Local Government that possible breach <br />of contract has occurred. The Local Government should make every effort to remedy the <br />breach within a period mutually agreed upon by both parties. <br />C. If the Local Government withdraws from the Project after this Agreement is executed, it shall <br />be responsible for all direct and indirect Project costs as identified by the State's cost <br />accounting system. <br />D. A project may be eliminated from the program as outlined below. If the Project is eliminated <br />for any of these reasons, this Agreement will be appropriately terminated. A project may be <br />eliminated from the program, and this Agreement terminated, if: <br />1. The Local Government fails to satisfy any requirements of the program rules cited as 43 <br />TAC §11.200 et seq. <br />2. The implementation of the Project would involve significant deviation from the activities as <br />proposed in the nomination form. <br />3. The Local Government withdraws from participation in the Project. <br />4. This is a construction project and construction has not been let by August 31, 2016. <br />5. This is not a construction project and project activities have not been completed by <br />n/a , 20 n/a . <br />6. The State determines that federal funding may be lost due to the Project not being <br />implemented and completed. <br />7. Funds are not appropriated, in which case this Agreement shall be terminated immediately <br />with no liability to either party. Payment under this Agreement beyond the current fiscal <br />biennium is subject to availability of appropriated funds. <br />8. The Local Government fails to attend progress meetings at least twice yearly, as scheduled <br />by the State. <br />AFA- AFA_EnhLF.doc Page 2 of 15 Revised 05/23/2014 <br />