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<br />. <br /> <br />e <br /> <br />NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and <br />Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity <br />Expansion Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and <br />Intermodal Transportation Act of 1992, herein called the "Act," and/or the Aviation Safety and Noise <br />Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the <br />representations and assurances contained in said Project Application and its acceptance of this Offer <br />as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the <br />accomplishment of the Project and compliance with the assurances and conditions as herein provided, <br />THE FEDERAL AVIATION ADMINISTRATION, FORAND ON BEHALF OF THE UNITED STATES, <br />HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred <br />in accomplishing the Project, NINETY (90) percentum of all allowable project costs. <br /> <br />This Offer is made on and subject to the following terms and conditions: <br /> <br />Conditions <br /> <br />1. The maximum obligation of the United States payable under this offer shall be $1,546,359. <br /> <br />2. The allowable costs of the project shall not include any costs determined by the FAA to be <br />ineligible for consideration as to allowability under the Act. <br /> <br />3. Payment of the United States share of the allowable project costs will be made pursuant to and <br />in accordance with the provisions of such regulations and procedures as the Secretary shall <br />prescribe. Final determination of the United States share will be based upon the final audit of <br />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 /> <br />4. The sponsor shall carry out and complete the Project without undue delays and in accordance <br />with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and <br />agrees to comply with the assurances which were made part of the project application. <br /> <br />5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance <br />by the sponsor. <br /> <br />6. This offer shall expire and the United States shall not be obligated to pay any part of the costs <br />of the project unless this offer has been accepted by the sponsor on or before July 9, 1993 or such <br />subsequent date as may be prescribed in writing by the FAA. <br /> <br />7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent <br />fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other <br />manner in any project upon which Federal funds have been expended. For the purposes of this <br />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 <br />obtain the approval of the Secretary as to any determination of the amount of the Federal share <br />of such funds. It shall return the recovered Federal share, including funds recovered by <br />settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request, <br /> <br />FAA Form 5100-37 (10-89) Development or Noise Program <br /> <br />Page 2 of 6 Pages <br />