CC PACKET 03131984 - Laserfiche WebLink

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-6- (1) If the Director determines that the project does not • substantially conform-to approved plans and specifications or there has been a major breach of a condition of this Agreement, the Agency may withhold all the unpaid funds. (2) If the Director determines that the project does not conform to approved plans and specifications, but such non-conformity is not substantial, or is a minor breach of a condition of this Agreement, the Agency may withhold up to ten percent of the unpaid funds. (3) If the Director determines that a project has any other deficiency, the Agency may withhold up to ten percent of the unpaid funds. (4) . If funds are withheld pursuant to paragraph (1) , (2) or (3) above, and the condition causing such action has been corrected to the satisfaction of the Director, then all retained funds shall be released to the Local Unit unless otherwise agreed to by the Director and the Local Unit. D. Agency Rights In addition to any other remedies, the Agency may seek to recover from the Local Unit any or all funds tendered or disbursed for the project if it is improperly designed, improperly constructed oi- improperly operated and maintained. E. General Conditions • 1. This Agreement is subject to the conditions of the Cooperative Agreement between the Agency and U.S. EPA dated June 17, 1983, Attachment 1 . 2. This Agreement is subject to EPA's procurement regulations (40 CFR Part 33) , and EPA's general grant regulations (40 CFR Part 30) . 3. This Agreement shall be effective on the date it is executed as to encumbrance by the Commissioner of Finance and shall remain in effect until October 1, 19849 or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. 4. All amendments to this Agreement shall be in writing duly executed by the parties: 5. This Agreement may be funded in part by a grant from U.S. EPA. Neither the United States nor the U.S. .EPA is a party to this Agreement. ,