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AgencylOD~T <br />Agreement No. 24712 <br />12. State may terminate this Agreement effective upon delivery of written notice to <br />Agency, ar at such later date as may be established by State, under any of the <br />following conditions: <br />a. If Agency fails to provide services called for by this Agreement within the <br />time specified herein or any extension thereof. <br />b. If Agency fails to perform any of the other provisions of this Agreement, or <br />so fails to pursue the work as to endanger performance of this Agreement <br />in accordance with its terms, and after receipt of written notice from State <br />fails to correct such failures within ten X10} days ar such longer period as <br />State may authorise. <br />c. If Agencyfails to provide payment of its share of the cost of the Project. <br />d. If State fails to receive funding, appropriations, limitations or other <br />expenditure authority sufficient to allow State, in the exercise of its <br />reasonable administrative discretion, to continue to make payments for <br />performance of this Agreement. <br />e. If federal or state laws, regulations or guidelines are modified or <br />interpreted in such a way that either the work under this Agreement is <br />prohibited or if State is prohibited from paying for such work from the <br />planned funding source. <br />13. If Agency fails to meet the requirements of this Agreement or the underlying federal <br />regulations, State may withhold the Agency's proportional share of Highway Fund <br />distribution necessary to reimburse State for costs incurred by such Agency breach. <br />Agency will be ineligible to receive ar apply for any Enhancement Funds until State <br />receives full reimbursement of the costs incurred. <br />14. Maintenance and power responsibilities shall survive any termination of this <br />Agreement. <br />15.Maintenance responsibilities shall survive anytermination of this Agreement. <br />16.Any termination of this Agreement shall not prejudice any rights or obligations accrued <br />to the parties prior to termination. <br />1 1. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, <br />shall assume sole liability far Agency's breach of any federal statutes, rules, program <br />requirements and grant provisions applicable to the federal funds, and shall, upon <br />Agency's breach of any such conditions that requires the State to return funds to the <br />FHVIIA, hold harmless and indemnify the State for an amount equal to the funds <br />received under this Agreement; or if legal limitations apply to the indemnification <br />ability of Agency, the indemnification amount shall be the maximum amount of funds <br />Key # 13404 3 <br />