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e e Article 3. Indirect Cosa Recovery Plan Chapter 2106 of the Texas Government Code, requires the State to recover indirect costs based on percentage of the State's actual direct cost to complete the Project. The indirect costs will be in accordance with the State's Indirect Cost Recovery Plan and will be based on the City's funding responsibilities provided herein. Article 4. Funding Arrangement The City's share of the estimated construction cost for this Project is $ , which includes engineering, contingencies and indirect costs in effect for the fiscal year during which the work is accomplished. Upon execution of this agreement, the City shall provide a check or warrant made payable to the "Texas Department of Transportation" in the amount of $ promptly but no later than seven days after receipt by the State. If at any time during the contract period established in Article 1, it is determined by the State that the amount previously collected from the City will be insufficient to pay the City's portion of the Project, then the City shall within 30 calendar days of receipt of the State's written notification, forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of the Project less the amount previously paid to the State. In the event that the amount paid by the City is more than the actual cost of the City's share, as herein established, then the excess amount will be returned to the City. Article 5. Control and Ownership of the Project The Project is recognized to be an integral part of the State Highway System, and is, therefore under the ownership, control and jurisdiction of the State. The State assumes full and complete control as to the development, construction, maintenance and operation of the Project. The State does not purport to conveyor assign any interest or right of ownership of the completed highway facility to the City, its successors or assigns. The Project may be modified, relocated, closed and/or removed at the sole discretion of the State without notice to or approval by the City. Article 6. Amendments Any changes in the character, scope, agreement provisions or obligations of the parties hereto shall be enacted by written agreement and executed by both the State and the City. Article 7. Termination This agreement may be terminated for any of the following reasons. 1) By satisfactory completion and acceptance of the Project by the State. 2) By mutual agreement and consent of both parties. 3) By either party upon the failure of the other party to fulfill the obligations set forth herein. 4) At the sole discretion of the State for reasons of its own and not subject to consent by the other party if the State determines that completion of the Project is not in the best interest of the State. \; If this agreement is terminated in accordance with the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of termination. Any unencumbered funds remaining after termination may be returned to the City.