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e e shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code. III. FUNDING. 3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least 25% of the shared project costs either (i) before completion of the Project, or (ii) following completion of the Project as set forth in this Agreement (the "Partner Match"). The Qualified Project Partner acknowledges that it may be subject to a Partner Match exceeding the minimum 25% share required by the Act. The Qualified Project Partner acknowledges that no costs incurred by the Qualified Project Partner before entering into this Agreement or not in accordance with the Attachment C can be used to offset the Partner Match. b. In-kind goods or services provided by the Qualified Project Partner after entering into this Agreement may be used to offset up to 25% of the Partner Match provided the Qualified Project Partner presents the GLO with a reasonable basis for estimating the monetary value of those goods or services. The decision to allow any in-kind goods or services to offset the Partner Match is in the sole discretion of the GLO. c. The Qualified Project Partner agrees and acknowledges that financial assistance from the Beach Cleaning and Maintenance Assistance Program pursuant to 31 Texas Administrative Code Chapter 25 may not be used to meet the Partner Match. 3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work cooperatively to investigate and secure funding from sources other than the Account. Alternative sources of funding acquired by the Qualified Project Partner after the execution of this Agreement may be used to meet the Partner Match. 3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. ill of the State Constitution. In compliance with Sec. 6, Art. VIII of the Constitution, it is understood that all obligations of the State hereunder are subject to the availability of State funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. 3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related to the subject project and,to verify any expense item submitted for reimbursement by the Qualified' Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further o . j. 3