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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> Air Quality funds and obligations as approved by the Department under the terms of this <br /> Agreement. <br /> AVAILABILITY OF FUNDS <br /> All terms and conditions of this Agreement are dependent upon, and,subject to the allocation of <br /> funds for the purpose set forth In the Agreement and the Agreement shall au tom all ce I ly terminate <br /> if funds cease to be available. <br /> IMPROPER USE OF FUNDS <br /> Where either the Department or the FHWA determines that the funds paid to the University for <br /> this Project are not used in accordance with the terms of this Agreement,the Department will bill <br /> the University. <br /> TERMINATION OF PROJECT <br /> If the University decides to terminate the Project without the concurrence of the Department,the <br /> University shall reimburse the Department one hundred percent(100%)of all costs expended by <br /> the Department and associated with the Project. <br /> AUDITS <br /> In accordance with 2 CFR 200"Uniform Administrative Requirements,Cost Principles, and Audit <br /> Requirements for Federal Awards,*Subpart F—Audit Requirements,and the Federal Single <br /> Audit Act Amendments of 1996,the University shall arrange for an annual Independent financial <br /> and compliance audit of its fiscal operations. The University shall furnish the Department with a <br /> copy of the annual Independent audit report within thirty(30)days of completion of the report,but <br /> not later than nine(9)months after the University's fiscal year ends. <br /> REIMBURSEMENT BY UNIVERSITY <br /> For all monies due the Department as referenced In this Agreement, reimbursement shall be <br /> made by the University to the Department within sixty(60)days of receiving an invoice. A late <br /> payment penalty and Interest shall be charged on any unpaid balance due In accordance with <br /> NCGS 147-86.23. <br /> Agreement ID#8239 15 <br />