Agenda - 04-01-1997 - 9d - Laserfiche WebLink

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l 16 DRAFT + 3. No Federal grant funds may be used to meet the local Sponsor's share of Study costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the granting agency. 4. Before any Party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such Party must first seek in good faith to resolve the issue through negotiation or other form of nonbinding alternative dispute resolution mutually acceptable to the Parties. 5. This Agreement shall terminate at the completion of the Study; provided that, prior to such time and upon thirty (30) days written notice, either party may terminate or suspend this Agreement without penalty. 6. Within ninety (90) days, upon termination or suspension of this Agreement, the Government shall prepare a final accounting of the Study costs, which shall display (1) cash contributions by the Federal Government, (2) cash contributions by the Sponsor, and (3) disbursements by the Government of all funds. Within thirty (30) days after the final accounting, the Government shall, subject to the availability of funds, reimburse the Sponsor for non-Federal cash contributions that exceed the Sponsor's required share of the total Study costs. If there are excess funds remaining after completion of Phase I, the Sponsor may request that excess funds be carried over to Phase II. Within thirty (30) days after the final accounting, the Sponsor shall provide the Government any cash contributions required to meet the Sponsor's required share of the total Study costs. 7. In the event it appears that the total costs of the work subject to the Letter Agreement will exceed $200,000, the Government will notify the Sponsor in writing. If additional Government and Sponsor funds cannot be obtained, the study will be terminated. S. The Government and the -Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither is to be considered the officer, agent, or employee of the other. 9. In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of .competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 10. This Agreement shall become effective upon the signature of both Parties. FOR CHAPEL HILL: FOR THE UNITED STATES: W. Calvin Horton Terry R. Youngbluth Town Manager Colonel, U.S. Army Corps of Engineers Chapel Hill, North Carolina District Engineer Date: Date: 3