Agmt 2006 Bay Area Air Quality Management District BAAQMD

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BAAQMD FY2005 TFCA Funding Agreement 7) Project Sponsor will acknowledge the Air District as a funding source and will use or display the approved TFCA logo so that it is visible to the public: A. On any motor vehicles leased or purchased with TFCA funds, or on any other capital property purchased with TFCA funds. B. On any printed or electronic material associated with the Project that is distributed to the public. Printed material includes Project related schedules, brochures, handbooks, or promotional material. Electronic material includes Project related web sites, electric signs, or e-mail broadcasts. C. In any Project related media events, articles, news releases or other publicity materials. 8) Project Sponsor will place in the public domain any.software, written document, intellectual property, process, technique, or product developed with TFCA funds as part of the Project. 9) Project Sponsor will monitor the operational status of the capital equipment or services purchased or funded under this Agreement for the "Project Useful Life", as listed in Attachment B. In the event there is a change in the operational status of the capital equipment or services under this Agreement, the Project Sponsor will notify the Air District, in writing, within thirty (30) days of the change in operational status. This may include the sale of capital equipment to a new owner, the transfer of capital equipment to a new location, or the discontinuance of services or use of capital equipment on the Project. Project Sponsor will be responsible for any applicable refunds under Section II.2.F and G. SECTION III AIR DISTRICT OBLIGATIONS: 1) Air District will provide TFCA funds not to exceed the "Total TFCA Regional Funds Awarded" for this Project as listed in Attachment A. 2) Air District will endeavor to pay undisputed amounts of approved invoices within thirty (30) calendar days of receipt. 3) The Air District will provide timely notice prior to conducting an audit. 4) The Air District will provide a copy of any fiscal audits of the Project as specified in California Health and Safety Code Section 44242. 5) The Air District will provide a copy of its approved TFCA logo. SECTION IV GENERAL PROVISIONS: 1) Term: This Agreement will remain in effect for three (3) years after 1) the Air District's final payment after acceptance of the Final Report, or 2) the "Project Useful Life" as specified in Attachment B, whichever is longer, unless terminated as provided below. 2) Termination: Either party may terminate this Agreement for convenience at any time by giving thirty (30) days written notice of termination to the other party. Upon receiving notice of termination, Project Sponsor will immediately cease further expenditure of TFCA funds received under this Agreement. The Air District will reimburse Project Sponsor for qualifying expenditures on the Project made until the effective date of the termination. The Air District may terminate this Agreement for default upon giving ten (10) days written notice (or such other period of time authorized in writing by the Air District) of such default to Project Sponsor and Project Sponsor does not cure such default. The Air District will reimburse Project Sponsor for qualifying expenditures in full conformance with this Agreement made until the effective date of the termination. TFCA Regional Fund Project 05R60 Page 3