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7 <br />The WIA Contractor shall also prepare and file with the LA on <br />a timely basis such information and reports as the LA, the <br />State, or the USDOL may require. In addition, the WIA <br />Contractor shall immediately notify the LA, the State, <br />and the Secretary of the USDOL of all allegations of <br />information creating suspicious or for instances of criminal <br />misconduct, fraud, or willful or gross misconduct in <br />connection with the program or the administering agency. <br />Within forty -five (45) days after (a) completion or <br />termination of this Contract, or (b) the expenditure of the <br />maximum amount of funds provided hereunder, whichever comes <br />first, the WIA Contractor shall submit to the LA a signed <br />closeout statement containing such information as required by <br />the LA. The WIA Contractor releases the LA from any <br />obligation to pay any claim for costs incurred under the <br />Contract that is not submitted with the closeout statement. <br />Within the thirty (30) day closeout period, the WIA Contractor <br />will reimburse to the LA any funds that had been received in <br />excess of actual expenditures and any funds expended in excess <br />of allowable amount in any budget line item. <br />The filing of a petition in bankruptcy of insolvency by or <br />against the WIA Contractor or the filing of any foreclosure <br />action, eviction proceeding or litigation that could threaten <br />the ability of the WIA Contractor or its subcontractor (s) to <br />perform the duties hereunder shall be reported immediately to <br />the LA and may be cause for suspension of payments or <br />conditional continuation of funding, including conditional <br />designation of an alternate administering agency for the WIA <br />Contractor. <br />The WIA Contractor shall not assign or transfer any interest <br />in this Contract without the prior written approval of the LA. <br />In order to make corrections in the amount of payments, and in <br />addition to all rights described in this Contract, the LA may <br />withhold reimbursement of costs between the LA and the WIA <br />Contractor. The LA may take recoupment actions and require <br />repayment prior to exhaustion of appeal rights by the WIA <br />Contractor. <br />Funds generated by activities funded under this Agreement, <br />except for On- the -Job Training, is program income. Program <br />income shall be calculated in the manner acceptable to the LA <br />and in accordance with generally accepted accounting <br />capabilities of the subrecipients that generate the program <br />income, and program income shall be treated for all purposes <br />as funds under this Agreement. The WIA Contractor is <br />responsible for assuring that program income is reported as <br />required by the LA and that adequate records to calculate <br />program income are maintained. Program income must be used <br />for purposes permissible under the Act or permissible at the <br />time generated, whichever is least restrictive, and must be <br />used prior to the submission of the final report for the <br />funding period of the program year to which the earnings are <br />attributed. Program income will not diminish the allocation <br />Local Workforce Area Contract Agreement Page 6 of 29 <br />Amended 7/14 <br />