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�iwNOW THEREFORE,pursuant to and for the purpose of carrying out the provisions of Title 49,United States Code,herein called <br /> "Title 49 U.S.C.," and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances <br /> contained in said Project Application and its acceptance of this Offer as hereinafter provided, and(b)the benefits to accrue to the <br /> United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein <br /> provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, <br /> HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the <br /> Project,ninety percentum of all allowable project costs. <br /> This Offer is made on and subject to the following terms and conditions: <br /> Conditions <br /> 1. The maximum obligation of the United States payable under this offer shall be$89,217.00. <br /> 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to <br /> allowability under Title 49 U.S.C. <br /> 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the <br /> provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will <br /> be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or <br /> downward adjustments to the Federal share of costs. <br /> 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such <br /> regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the <br /> project application. <br /> `,.3. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. <br /> 6. This offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this offer <br /> has been accepted by the sponsor on or before September 30, 2002, or such subsequent date as may be prescribed in writing by <br /> the FAA. <br /> 7. The sponsor shall take all steps, including litigation if necessary,to recover Federal funds spent fraudulently,wastefully, or in <br /> violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been <br /> expended. For the purposes of this grant agreement, the term "Federal funds" means funds, however, used or disbursed by the <br /> sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the <br /> Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, <br /> including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all <br /> documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, <br /> negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or <br /> otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. <br /> 8. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be <br /> incident to,compliance with this grant agreement. <br /> 9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or subcontractor to acquire any <br /> steel or manufactured products produced outside the United States to be used for any project for airport development or noise <br /> compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing <br /> this special condition. <br /> 10. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the <br /> ,Application for Federal Assistance. <br /> FAA Form 5100-37(10-89)Development or Noise Program Page 2 of 5 Pages <br /> ASW Forth 5100-37(7/10) <br />