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<br />Page 1.2 of 1.? <br /> <br />4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The GRANTEE <br />must immediately notify the STATE and DOT of any change in local law, conditions, or any other <br />event, including any litigation challenging the validity of or seeking interpretation of any Federal law <br />or regulation applicable to the Federal Hazardous Materials Transportation program, which may <br />significantly affect the GRANTEE's ability to perform the program in accordance with the terms of <br />this Agreement. In addition, the GRANTEE must immediately notify the STATE of any decision <br />pertaining to the GRANTEE's conduct of litigation that may affect STATE interests in the program or <br />STATE administration or enforcement of applicable Federal laws or regulations. Before the <br />GRANTEE joins (as a third party) in litigation that affects STATE or DOT interests in the program, or <br />STATE or DOT Administration or enforcement of applicable Federal laws or regulations, the <br />GRANTEE must first inform STATE and DOT. <br /> <br />5 ACCOUNTING RECORDS. <br /> <br />5.1 Funds Received or Made Available for the Agreement <br /> <br />5.1.1 Allowable Costs. STATE will reimburse as allowable costs expenditures made <br />by the GRANTEE to the extent that they meet all of the following <br />requirements. Expenditures must: <br /> <br />5.1.1.1 <br /> <br />5.1.1.2 <br /> <br />5.1.1.3 <br /> <br />5.1.1.4 <br /> <br />5.1.1.5 <br /> <br />5.1.1.6 <br /> <br />5.1.1.7 <br /> <br />5.1.1.8 <br /> <br />5.2 Audit and Inspection. <br /> <br />Be made in conformance with the program budget and all other <br />provisions of this Agreement; <br /> <br />Be necessary to accomplish the program objectives; <br /> <br />Be reasonable in amount for the goods or services purchased; <br /> <br />Be actual net costs to GRANTEE (Le., price paid minus any <br />refunds, rebates, or other value received by the GRANTEE that <br />have the effect of reducing the cost actually incurred, excluding <br />program income as defined in OMB Circular A-8?, Revised); <br /> <br />Be incurred (and be for work performed) after the date of this <br />Agreement, unless specific authorization from STATE to the <br />contrary is received; <br /> <br />Be in conformance with the standards for allowability of costs <br />set forth in OMB Circular A-8?, Revised; <br /> <br />Be satisfactorily documented; and <br /> <br />Be treated uniformly and consistently under accounting <br />principles and procedures approved or prescribed by the <br />STATE <br /> <br />5.2.1 The GRANTEE must permit the STATE, State Auditor's Officer, Secretary and <br />the Comptroller General of the United States, PHMSA or any of their duly <br />authorized representatives to inspect all work, materials, payrolls, and other <br />data and records that pertain to the program, and to audit the books, records, <br />and accounts of the GRANTEE that pertain to the Agreement. <br /> <br />Contract Number 1 O-DEM-LEPC-OO 1 <br />