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Form RD 3570-3 <br /> Page 2 <br /> Grantee agrees that Grantee will: <br /> A.Cause said Project to be constructed within the total sums available to it,including Grant Funds, in <br /> accordance with any architectural or engineering reports,and any necessary modifications,prepared <br /> by Grantee and approved by Grantor, <br /> B. Provide periodic reports as required by Grantor and permit periodic inspection of the Project by a <br /> representative of the Grantor. For grant-only Projects,Form SF 269,"Financial Status Report,"and a <br /> project performance report will be required on a quarterly basis(due 15 working days after each of <br /> each calendar quarter).A final project performance report will be required with the last"Financial Status <br /> Report."The final report may serve as the last quarterly report.Grantees shall constantly monitor <br /> performance to ensure that time schedules are being met, projected work by time periods is being <br /> accomplished,and other performance objectives are being achieved.The project performance reports <br /> shall include,but not limited to,the following: <br /> 1.A comparison of actual accomplishments to the objectives established for that period; <br /> 2.Reasons why established objectives were not met; <br /> 3.Problems,delays,or adverse conditions which will affect attainment of overall project objectives, <br /> prevent meeting time schedules or objectives,or preclude the attainment of particular project work <br /> elements during established time periods.This disclosure shall be accomplished by a statement of <br /> the action taken or planned to resolve the situation;and <br /> 4.Objectives and timetables established for the next reporting period. <br /> C. Manage,operate,and maintain the facility,including this Project if less than the whole of said facility, <br /> continuously in an efficient and economical-manner, <br /> D.Not use grant funds to replace any financial support previously provided or assured from any other <br /> source.The Grantee agrees that the Grantee%level of expenditure for the Project shall be maintained <br /> and not reduced as a result of Grant Funds; <br /> E. Make the public facility or services available to all persons in Grantee's service area without discrimi- <br /> nation as to race,color,religion,sex,national origin,age,marital status,or physical or mental disability <br /> at reasonable rates,including assessments,taxes,or fees.Grantee may make modifications as long as <br /> they are reasonable and nondiscriminatory; <br /> F.To execute any agreements required by Grantor which Grantee is legally authorized to execute.If <br /> any such agreement has been executed by Grantee as a result of a loan being made toGrantee by <br /> Grantor contemporaneously with the making of this grant,that agreement applies equally to the grant <br /> and another identical agreement need not be executed In connection with this grant; <br /> G. Upon any default under its representations or agreements contained in this instrument,Grantee,at <br /> the option and demand of Grantor,will immediately repay to Grantor the-Grant Funds with any legally <br /> permitted interest from the date of the default.Default by the Grantee will constitute termination of the <br /> grant thereby causing cancellation of Federal assistance under the grant.The provisions of this Agree- <br /> ment may be enforced by Grantor,at its option and without regard to prior waivers of previous defaults <br /> by Grantee,by judicial proceedings to require specific performance of the terms of this Agreement or <br /> by such other proceedings in law or equity,In either Federal or State courts,as may be deemed <br /> necessary by Grantor to assure compliance with the provisions of this Agreement and the laws and <br /> regulations under which this grant is made; <br />