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GENERAL TERMS AND CONDITIONS <br /> INTERAGENCY AGREEMENT <br />FEDERAL FUNDS <br /> Page 9 <br />10. LICENSING, ACCREDITATION AND REGISTRATION <br />The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and <br />registration requirements or standards necessary for the performance of this Grant. <br />11. RECAPTURE <br />In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, <br />and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to <br />compensate COMMERCE for the noncompliance in addition to any other remedies available at law or <br />in equity. <br />Repayment by the Grantee of funds under this recapture provision shall occur within the time period <br />specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments <br />due under this Grantee. <br />12. RECORDS MAINTENANCE <br />The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant <br />and performance of the services described herein, including but not limited to accounting procedures <br />and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended <br />in the performance of this Grantee. <br />The Grantee shall retain such records for a period of six (6) years following the date of final payment. <br />At no additional cost, these records, including materials generated under the Grant, shall be subject at <br />all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by <br />COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, <br />regulation or agreement. <br />If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall <br />be retained until all litigation, claims, or audit findings involving the records have been resolved. <br />13. SAVINGS <br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way <br />after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or <br />terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day <br />notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding <br />limitations and conditions. <br />14. SEVERABILITY <br />The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for <br />any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the <br />Grant. <br />15. SUBGRANTING/SUBCONTRACTING <br />The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written <br />approval of COMMERCE. <br />If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to <br />subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, <br />COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they <br />relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or <br />(c) require the Grantee to rescind or amend a subcontract. <br />Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is <br />responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of <br />this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal <br />conditions of this grant. In no event shall the existence of a subcontract operate to release or reduce <br />the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee’s duties.