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a. Agency must obtain approval from State's Transportation Enhancement Program <br /> Manager for any additional funds beyond the amount in Paragraph #2 above. For <br /> Enhancement funds up to a total of $1,166,000 (10 percent over the $1,060,000 <br /> estimated Enhancement funding) Agency's matching share will be 10.27 percent <br /> of Enhancement-eligible costs. For any approved Enhancement funds above <br /> $1,166,000 Agency's matching share will be 50 percent of the Enhancement <br /> eligible costs. <br /> b. Agency is not guaranteed the use of unspent funds for a particular phase of work. <br /> State will not release funds from any authorized phase of work for use on a <br /> subsequent phase unless specifically requested by Agency before obligating <br /> funds on the subsequent phase. <br /> 3. The federal funding for this Project is contingent upon approval by the FHWA. Any <br /> work performed prior to acceptance by FHWA will be considered nonparticipating and <br /> paid for at Agency expense. <br /> 4. The term of this Agreement shall begin on the date all .required signatures are <br /> obtained and shall terminate on completion. of the Project and final payment or ten <br /> calendar years following the date all required signatures are obtained, whichever is <br /> sooner. However, this Agreement shall terminate on September 30, 2010 if the funds <br /> for this Project are not yet obligated for construction. Upon termination of this Agree- <br /> ment, State may reassign any Transportation Enhancement funds not yet obligated <br /> for the Project and shall have no obligation to fund any remaining phases of work <br /> through the Transportation Enhancement program. <br /> 5. This Agreement may be terminated by mutual written consent of the parties. <br /> 6. 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, <br /> or so fails to pursue the work as to endanger performance of this <br /> Agreement in accordance with its terms, and after receipt of written notice <br /> from State fails to correct such failures. within 10 days or such longer <br /> period as State may authorize. <br /> c. If Agency fails to provide payment of its share of the cost of the Project. <br /> <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 /> <br />