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c. Audit Costs. Unless prohibited by law, the costs of audits made in <br />accordance with the provisions of OMB Circular A-133 are allowable charges to State awards. <br />The charges may be considered a direct cost or an allocated indirect cost, as determined in <br />accordance with cost principles outlined in OMB Circular A-87 "Cost Principles for State, Local,. <br />and Indian Tribal Governments." The cost of any audit not conducted in accordance with OMB <br />Circular A-133 and N.C.G.S. 159-34 is unallowable and shall not be charged to State grants. <br />d. Funds Owed to the Department. The Contractor agrees to remit to the <br />Department any excess payments made to the Contractor, any costs disallowed by the <br />Department, and any amounts recovered by the Contractor from third parties or from other <br />sources, as well as any penalties and any interest required by Subsection 4d of this Agreement. <br />e. Project Closeout. Project closeout occurs when the Department issues the <br />final project payment or acknowledges that the Contractor has remitted the proper refund. The <br />Contractor agrees that Project closeout by the Department does not invalidate any continuing <br />requirements imposed by this Agreement. <br />Section 8. Civil Rights. The Contractor agrees to comply with all applicable civil rights <br />laws and implementing regulations including, but not limited to, the following: <br />a. Nondiscrimination in Public Transportation Programs. The Contractor agrees <br />to comply, and assures the compliance of each third party contractor at any tier and each <br />subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit <br />discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits <br />discrimination in employment or business opportunity. <br />b. Nondiscrimination -Title VI of the Civil Rights Act. The Contractor agrees to <br />comply, and assures the compliance of each third party contractor at any tier and each <br />subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis <br />of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 <br />Project 07-US-056 Page 18 of 49 <br />Orange County <br />