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164 regulations or guidelines be modified, changed or interpreted in such a way that the Project, or any portion of the <br /> 165 Project, is no longer eligible for Federal Aid WCRP funding. <br /> 166 <br /> 167 C. Termination for Default. The Department may at any time upon thirty (30) days prior written notice of default, <br /> 168 delivered by certified mail or in person to the Recipient terminate this agreement if: <br /> 169 <br /> 170 1. The Recipient does not abide by the nondiscrimination and affirmative action provisions of this agreement. <br /> 171. <br /> 172 2. The Recipient does not abide by any other applicable provision of this agreement. <br /> 173 <br /> 174 The Recipient shall, within thirty (30) days of its receipt of a notice of default reimburse by check payable to the <br /> 175 Department all funds contributed by the Department to the Project. <br /> 176 <br /> 177 V. FORCE MAJEURE <br /> 178 <br /> ! 179 Neither the Department nor the Recipient shall be held responsible for delay or failure to perform when such act or <br /> 180 delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, legal acts of public <br /> ~ 181 authorities, or delays or defaults caused by public carriers, which cannot be reasonably foreseen or provided against. <br /> I <br /> 182 VI. STANDARD CONDITIONS <br /> 183 <br /> 184 The following are the Standard Conditions of this Agreement. <br /> 185 <br /> 186 A. Persons Not To Benefit. No member or delegate to Congress, resident commissioner, officer, agent or <br /> 187 employee of the United States of America, member of the Oregon Legislative Assembly, elected official of the state <br /> 188 of Oregon, or official, agent, or employee of the state of Oregon, or elected member, officer, agent, or employee of <br /> 189 any political subdivision, municipality or municipal corporation of the state of Oregon shall be admitted to any share <br /> 190 or part of this agreement or derive any benefit that may arise therefrom. <br /> 191 <br /> 192 B. Maintenance of Records. The Recipient agrees to maintain records of costs reimbursed by the Department that <br /> 193 fully document and support the billings. All books, records and other documents relevant to this Agreement shall be <br /> 194 retained for either six (6) years after the effective date of this Agreement, or any longer period that may be required <br /> 195 to complete any audit or to resolve any pending audit findings. <br /> II 196 <br /> 197 C. Disallowed Costs. The Recipient agrees that any payment or payments made under this Agreement shall be <br /> <br /> j 198 subject to reduction for amounts charged thereto that are found on the basis of any audit examination not to <br /> 199 constitute allowable costs under this Agreement. The Recipient shall refund by check payable to the Department the <br /> <br /> j 200 amount of such reduction payments under the completed, modified or terminated Agreement. <br /> 201 <br /> 202 D. Accounting Procedures and Audits. The Recipient accounting procedures shall provide for 'an accurate and <br /> 203 timely recording of receipt of funds by source, of expenditures made from such funds, and of unexpended balances. <br /> 204 Controls shall be established which are adequate to ensure that all expenditures reimbursed under this Agreement <br /> 205 are for allowable purposes and that documentation is readily available to verify that such charges are accurate. <br /> 206 <br /> <br /> i, 207 E. Right to .Examine. The Recipient agrees that the Director of the Department or any duly authorized state <br /> 208 representative s hall h ave a ccess t o a nd t he r fight t o e xamine d irectly a ny b ooks, d ocuments, p apers, r ecords, a nd <br /> <br /> 'i 209 transactions of the Recipient which are directly pertinent to this Agreement for the purposes of making audit, <br /> 210 examination, excerpts, transcripts or performance evaluation for a period of six (6) years after the effective date of <br /> 211._,. _this Agreement.. ' <br /> 212 <br /> 213 <br /> 214 F. Cost Savings. Any cost savings realized during or after completion of the project shall be prorated to each <br /> 215 funding contributor based on the percent of contribution by all parties. <br /> 216 <br /> 217 G. Overpayment. In the event that the amount of the Department initial and interim payments to the Recipient <br /> 218. exceed the reimbursable expenses of the final billing presented by the Recipient to the Department, the Recipient <br /> 219 agrees to refund the payments in excess of billing by check payable to the Department within thirty (30) days. <br /> 4 <br /> . _ _ <br /> <br />