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1 (2) STATE shall not advertise the construction contract <br />2 for PROJECT until after receipt of acceptable documentation for <br />3 the required additional rights-of-way from CITY. <br />4 (3) STATE shall not award a contract for the work until <br />5 receipt of CITY's deposit required in Section II, Article (1). <br />6 (4) Should any portion of the PROJECT be financed with <br />? Federal funds or State gas tax funds all applicable procedures an~ <br />8 policies relating to the use of such funds shall apply <br />9 notwithstanding other provisions of this agreement. <br />10 (5) CITY's costs referred to herein are only "matching <br />ll funds" based on the assumption that Federal-Aid Urban (FAU) funds <br />12 will be allocated for financing approximately 86 percent of the <br />13 construction costs. In the event that Federal-Aid participation <br />14 is not secured this agreement may be terminated by either party at <br />15 any time prior to the award of the construction contract, or <br />16 alternatively, each party's participation may be renegotiated to <br />17 "make up" for the loss of Federal funds. <br />18 (6) After opening of bids, CITY's estimated share will <br />19 be revised based on actual bid prices. CITY's required deposit <br />20 under Section II, Article (1) will be increased or decreased to <br />21 match said revised estimate. If deposit increase or decrease is <br />22 less than $1,000, no refund or demand for additional deposit will <br />23 be made until final accounting. <br /> <br />24 * * * * * * * * * * * * * * <br /> --4-- <br /> <br /> <br />