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