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<br />... <br /> <br />D. <br /> <br />Grantee further agrees that such right of State to examine or audit shall continue for five (5) <br />years after the expiration or termination of this Agreement, or for such longer period, if any, as is <br />required by applicable law. Grantee shall preserve and make available its records (i) until the <br />expiration of five (5) years from the date of expiration or sooner termination of this Agreement, <br />or (ii) for such longer period, if any, as is required by DOF. <br /> <br />SECTION 9. INELIGIBLE COSTS. OFFSET AND RESTITUTION <br /> <br />A. <br /> <br />Ineligible costs may be identified through audits, Grantee monitoring or other sources of <br />information that become available to State. <br />Ineligible costs shall also include expended costs concluded to be ineligible during The <br />California Department of Finance's interim or final audits of grant fund expenditures. Further, <br />the ineligible costs may be applied to offset subsequent payments to Grantee required under <br />this Agreement. In the event that ineligible costs exceed subsequent payments, Grantee shall <br />repay the excess to State within ninety (90) days unless otherwise extended by the State. <br />Without limiting any other contractual remedies available to State for breach of this Agreement, <br />Grantee agrees to make restitution to State for any cost incurred by Grantee and paid with bond <br />funds that are not allowable under applicable State statutes, rules, regulations, policies and <br />procedures, or the terms of this Agreement. <br /> <br />8. <br /> <br />C. <br /> <br />SECTION 10. FUNDING CONTINGENCY <br /> <br />Funding of this agreement is contingent upon availability of funding through the sale of General <br />Obligation Bonds and/or General Fund loans requested by State. In addition, this Agreement is subject <br />to any law or additional restrictions, limitations, or conditions enacted by the Legislature that may affect <br />the provisions, terms or funding of this Agreement in any manner. This contingency will remain in effect <br />during the entire term of the Agreement, including any extension to the term agreed upon by State and <br />Grantee. <br />