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the GRANTOR. 4. Those funds not expended, obligated, or encumbered toward the Project Proposal by June 10 1999 shall be returned to the Grantor for return to the appropriate fund as provided by law. The total obligation of the GRANTOR for all compensation and reimbursements to GRANTEE shall not exceed Four Thousand Seven Hundred Nineteen dollars (5 4319 ). B. Terms of Payment Payments shall be made by the GRANTOR promptly after GRANTEE'S presentation of the FINAL REPORT/INVOICE FORM for services performed and acceptance of such services by the GRANTOR'S Authorized Representative pursuant to Clause VIII. Invoices shall be submitted in a form prescribed by the GRANTOR and according to the following schedule: The applicant may request, and if approved, obtain a cash advance for up to 75% of their allocated funding as necessary for approved costs. Upon receiving a final project report, a compliance check will be conducted by the DNR before final payment will be authorized. Final payment will not be made until all funded activities are complete. All work must be completed by June 10, 1999. 2. (When applicable) Payments are to be made from federal funds obtained by the GRANTOR through Title of the Act of (Public law and amendments thereto). If at any time such funds become unavailable, this grant shall be terminated immediately upon written notice of such fact by the GRANTOR to the GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. III. ENTIRE AGREEMENT This document including the Grantee's approved Project Proposal and 1997 -99 Grant Application Package constitute the entire Grant between the patties. This Grant, except as stated herein, may not be amended except in writing by mutual agreement of the parties. IV. INSPECTIONS Grantor shall have the right to make on -site inspections of any work undertaken pursuant to this Grant. Grantee shall assist and facilitate inspections of field sites and ongoing operations by Grantor V. CONDITTONS OF PAYMENT All services provided by GRANTEE pursuant to this grant shall be performed to the satisfaction of the GRANTOR, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE shall not receive payment for work found by the GRANTOR to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. VI. TERMS OF GRANT This grant shall be effective on 19 or upon the date that the final required signature is obtained pursuant to Minn. Stat. § I6B.06, Subd. 2, whichever occurs later, and shall remain in effect until June 30 19 99 or until all obligations set forth in this grant have been satisfactorily fulfilled, whichever occurs first. GRANTEE understands that NO work should begin under this grant until ALL required signatures have been obtained, and GRANTEE is notified to begin work by the GRANTOR'S Authorized Representative. VII. CANCELLATION This grant may be canceled by the GRANTOR or GRANTEE at any time, with or without cause, upon thiny (30) days written notice to the other party. GRANTOR may cancel this grant immediately if the GRANTOR finds that there has been a failure to comply with the provisions of this grant that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilled, the GRANTOR may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. This Grant may also be canceled by the Grantor in the event that the legislature no longer appropriates monies for the Project Proposal, or federal funds become unavailable.. In the event of cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VIII. GRANTOR'S AUTHORIZED REPRESENTATIVE The GRANTOR'S Authorized Representative for the purposes of administration of this grant is the Region Urban and Community Forestry Program Leader. Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause B, paragraph B. The GRANTEE'S Authorized Representative for purposes of administration of this grant is Kathy Glanzer . The GRANTEE'S Authorized Representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this grant. IX. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant without the prior written consent of the GRANTOR. X. AMENDMENTS Any amendments to this grant shall be in writing, and shall be executed by the same parties who executed the original grant, or their successors in office. Notwithstanding Grantee's right to amend the Project Proposal pursuant to Paragraph A, Clause 1, of this Grant, the parties must mutually agree to any change in the Project Proposal. CDpp32.06 (I4-22A6) Mmncsota RcicalCommunity Tree Planting & Forest Health Grant Contract LUWt- Forestn Grant Numherl (ADMIN.. 1051g) 3 Page 6