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3 . No Federal grant funds may be used to meet the local Sponsor's share of Study <br /> costs under this Agreement unless the expenditure of such funds is expressly authorized by <br /> statute as verified by the granting agency. <br /> 4. Before any Party to this Agreement may bring suit in any court concerning any <br /> issues relating to this Agreement, such Party must first seek .in good faith to resolve the <br /> issue through negotiation or other form of nonbinding alternative dispute resolution <br /> mutually acceptable to the Parties. <br /> 5. This Agreement shall terminate at the completion of the Study; provided that, <br /> prior to such time and upon thirty (30) days written notice, either party may terminate or <br /> suspend this Agreement without penalty. <br /> 6. Within ninety (90) days, upon termination or suspension of this Agreement, the <br /> Government shall prepare a final accounting of the Study costs, which shall display (1) <br /> cash contributions by the Federal Government, (2) cash contributions by the Sponsor, and <br /> (3) disbursements by the Government of all funds. Within thirty (30) days after the final <br /> accounting, the Government shall, subject to the availability of funds, reimburse the <br /> Sponsor for non-Federal cash contributions that exceed the Sponsor's required share of the <br /> total Study costs. If there are excess funds remaining after completion of Phase I, the <br /> Sponsor may request that excess funds be carried over to Phase II. Within thirty (30) <br /> days after the final accounting, the Sponsor shall provide the Government any cash <br /> contributions required to meet the Sponsor's required share of the total Study costs. <br /> 7. In the event it appears that the total costs of the work subject to the Letter <br /> Agreement will exceed $200, 000, the Government will notify the Sponsor in writing. If <br /> additional Government and Sponsor funds cannot be obtained, the study will be terminated. <br /> 8. The Government and the Sponsor act in an independent capacity in the performance <br /> of their respective functions under this Agreement, and neither is to be considered.the <br /> officer, agent, or employee of the other. <br /> 9. ' In the event that any (one or more) of the provisions of this Agreement is found <br /> to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the <br /> validity of the remaining provisions shall not in any way be affected or impaired and <br /> shall continue in effect until the Agreement is completed. <br /> 10. This Agreement shall become effective upon the signature of both Parties. <br /> F R CHAPEL HILL: FOR THE UNITEg STATES: <br /> W. Calvin Horton Te ry R. ungbluth <br /> Town Manager C lone1 .S. Army Corps of Engineers <br /> Chapel Hill, North Carolina Distri Engineer <br /> Date: Date: 5dl#117 <br /> 3 <br />