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Agreement No. ####### <br />AGENCY <br />Page 3 of 14 <br />2. Cost Reimbursement Restrictions <br />Only expended actual allowable costs for work performed, under this FTA, after the <br />execution date specified in this Agreement and until the termination or expiration of <br />this Agreement is subject to reimbursement. <br />3. Changes in Terms/Amendment <br />This FTA may only be amended or modified during the period of performance by <br />mutual written agreement of the parties. <br />4. Termination <br />CALTRANS reserves the right to terminate this FTA upon written notice to AGENCY <br />in the event AGENCY fails to proceed with PROJECT work in accordance with the <br />terms of this FTA. <br />5. Budget Contingency Clause <br />A. It is mutually agreed that if the U.S. Congress or the State Legislature fails to <br />appropriate or allocate funds during the current year and/or any subsequent <br />years covered under this FTA does not appropriate sufficient funds for the <br />program, this Agreement shall be of no further force and effect. In this event, <br />CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to <br />furnish any other considerations under this Agreement and AGENCY shall not be <br />obligated to perform any provisions of this FTA. <br />B. If funding for any fiscal year is reduced or eliminated by the U.S. Congress or the <br />State Legislature for purposes of this program, CALTRANS shall have the option <br />to either terminate this Agreement with no liability occurring to CALTRANS, or <br />offer a FTA Amendment to AGENCY to reflect the reduced amount. <br />6. Cost Limitation <br />A. The total amount reimbursable to AGENCY pursuant to this FTA by CALTRANS <br />shall not exceed $X,XXX.XX. <br />B. It is agreed and understood that this FTA fund limit is an estimate and that <br />CALTRANS will only reimburse the cost actually incurred in accordance with the <br />terms of this FTA up to the maximum in Item 6.A above. <br />7. Payment and Invoicing <br />A. The method of payment for this FTA will be based on actual allowable costs. <br />CALTRANS will reimburse AGENCY for expended actual allowable direct and <br />indirect costs, including, but not limited to labor costs, employee benefits, and <br />travel (overhead is reimbursable only if the AGENCY has an approved indirect <br />cost allocation plan) and contracted consultant services costs incurred by <br />