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-6- <br /> (1) <br /> 6-(1) If the Director determines that the Project does not <br /> substantially conform to approved plans and specifications or there has been <br /> a major breach of a condition of this Agreement, the MPCA may withhold all the <br /> unpaid funds. <br /> (2) If the Director determines that the Project does not <br /> conform to approved plans and specifications, but such non-conformity is not <br /> substantial , or is a minor breach of a condition of this Agreement, the <br /> MPCA may withhold up to ten percent of the unpaid funds. <br /> (3) If the Director determines that the Project has any other <br /> deficiency, the MPCA may withhold up to ten percent of the unpaid funds. <br /> (4) If funds are withheld pursuant to paragraph (1) , (2) <br /> or (3) above, and the condition causing such action has been corrected to the <br /> satisfaction of the Director, then all retained funds shall be released to the <br /> Local Unit unless otherwise agreed to by the Director and the Local Unit. <br /> E. Agency Rights <br /> In addition to any other remedies, the MPCA may seek to recover from <br /> the Local Unit any or all funds tendered or disbursed for the Project if it is <br /> designed,. constructed or operated and maintained contratry to this Agreement. <br /> If any such default exists the Director shall give the Local Unit written notice <br /> thereof and a reasonable period of time to cure the default. <br /> • F. General Conditions <br /> 1. This Agreement is subject to the conditions of the Cooperative <br /> Agreement between the MPCA and EPA dated June 17, 1983, Attachment 1. <br /> 2. This Agreement is subject to EPA's procurement regulations (40 <br /> CFR Part 33) , and EPA's general grant regulations (40 CFR Part 30) . <br /> 3. This Agreement shall be effective on the date it is executed as to <br /> encumbrance by the Commissioner of Finance and shall remain in effect until <br /> October 1, 1984, or until all obligations set forth in this Agreement have been <br /> satisfactorily fulfilled, whichever occurs first. <br /> 4. All amendments to this Agreement shall be in writing duly executed <br /> by the parties. <br /> 5. This Agreement may be funded in part by a grant from EPA. Neither <br /> the United States nor the EPA is a party to this Agreement. <br /> • <br />