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Agencyl~DQT <br />Agreement No. 24111 <br />10. Local Agency certification Program Agreement No. 24fi51 must be fully executed <br />before anywark can begin on this Project. <br />11. This Agreement shall supersede and replace Agreement No. 23750 and its <br />supplements in its entirety. Agreement No. 23750 will be terminated upon execution <br />of this Agreement. Invoices for preliminary engineering work incurred prior to the <br />replacement of Agreement No. 23150 can be invoiced by Agency and paid for by <br />State under this Agreement. <br />12. This Agreement may be terminated by mutual written consent of both porkies. <br />13. State may terminate this Agreement effective upon delivery of written notice to <br />Agency, or 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 10 days or such longer period as State <br />may authorize. <br />c. If Agency fails 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 />14.If Agency fails to meet the requirements of this Agreement or the underlying federal <br />regulations, State may withhold the Agency's proporkional share of Highway Fund <br />distribution necessary to reimburse State for costs incurred by such Agency breach. <br />Agency will be ineligible to receive or apply for any Enhancement Funds until State <br />receives full reimbursement of the costs incurred. <br />15.Any termination of this Agreement shall not prejudice any rights or obligations accrued <br />to the parties priorto termination. <br />Key # 15224 ~ <br />