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Project in accordance with the provisions of Section II above, including but not limited to <br />loss of other funding. In the event of any such significant change, the Commission <br />reserves the right to terminate this Agreement. <br />Section IV. Funding. <br />A. The Commission grants to the Grantee an amount not to exceed $479,000 for the Project <br />to be disbursed as described in Section V below. <br />B. The Grantee represents and warrants that all sums as may be awarded under this grant <br />shall be utilized exclusively for the purpose of the Project. <br />C. In the event the Grantee or, if applicable, any of its Subgrantees breaches any of the <br />material terms or conditions of this Agreement, the Grantee agrees to repay to the <br />Commission the full amount of sums awarded under this Agreement and any interest that <br />has accrued on that sum. <br />Section V. Method of Payment. <br />A. The Commission shall disburse the sum of up to $479,000 in installments reimbursing the <br />Grantee for amounts spent on or encumbered for the Project. The Grantee shall request <br />payments by submitting a Financial Request Form (Exhibit C) to the Commission no <br />more frequently than monthly. The Financial Request Form shall certify that the Grantee <br />has performed the work required under the Scope of Services and shall include <br />documentation of the amounts for which the Grantee requests reimbursement. The <br />Commission shall disburse a check as soon after receiving the request for funds as <br />possible. The Grantee must show to the Commission's satisfaction how this payment has <br />been used to accomplish the terms of the Agreement before any further funding will be <br />disbursed pursuant to this Agreement. <br />B. The Commission shall withhold 5% of the total funding or $23,950 to be disbursed upon <br />the satisfactory conclusion of the Project which conclusion shall include a Final Report as <br />described in Section VILE below. If the Grantee has unspent cost reimbursement funds <br />remaining at the end of the Project, the Commission may at its election subtract this <br />amount from the final payment due to the Grantee. <br />C. If the Grantee or, if applicable, the Grantee and its Subgrantees, cannot show to the <br />satisfaction of the Commission that it has or they have spent grant monies to accomplish <br />the terms of the Agreement, the Commission may decline to disburse money until such a <br />showing is made. <br />Section VI. Indeaendent Status of the Parties. <br />A. The Parties are independent entities and neither this Agreement nor any provision of it <br />shall be deemed to create a partnership or joint venture between the Commission and the <br />Grantee. <br />B. The Grantee shall not represent itself as an agent of the Commission nor is the <br />Agreement intended to be construed so as to make the Grantee an agent of the <br />Commission. The Grantee shall not have the ability to bind the Commission to any <br />agreement for payment of goods or services, nor shall it represent to any person or entity <br />that it has such ability. <br />2 <br />