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B 6.1 Page 8� TFCA Funding Agreement 3} Arr�endment: This Agreement may not be modi�ed exeept in w�riting, signed by bath Parties hereto, and any attempt at, oral modification of this Agreement shall be void and of no e��ect. Any change in Project scope shall constitute an Amendment under this Agreement. 4) Project Liaison: Within thirty (30) days from the Effective Date af t�is Agreemen�, the Project Sponsor shall notify the Air District o�the Project Sponsoar's Praject Liaisot� and of the Liaison's address, telephone number, fax number, and email address. The Project Liaison shall be the liaison to the Air Distric� pertaining to implementation of this Agreement and shall be the day-to� day contact about the Project. All correspondence shall be addressed to the Project Liaison. The Project Lia�son shall notify fihe Air District of a change nf Project Liaison or of the Liaison's contact information in writing na later than thirty (30) days from the date ofthe c�iange. 5} Natices; Any notice that may be required under this Agreement shaIl be in writit�g, shall be ef�ective when received, a�d shall be given by personal service, by U.S. Postal SerWice first class mail, or by certified mail (return receipt requested). Within ti�irty (30) days fro�n the Eff�ctive Date of this Agreement, the Pa��ties shall inform the other Party of the add�•essee for notice. Each Party sha11 promptly inform the other of any changes for notice. A11 correspondence shall reference the Project Number, 6) Survival of Terms: Any terms of this Agreement that by their �nature extend beyond the term {or , termination) af this Agreement shall remain in effect until fulfilled, and shall apply to botk� Pat�ties' respec�ive successors and assigns. Such terms include the requirements set forth in Sections II.7, II.S, II.9, II.�O, II.11 and II.12. 7) Termination: A. Voluntary. Either Pa��ty may terminate this Agreerr�ent by giving written notice to the other Party. The notice of termination shall specify the effective date of termination, which shall be no le�s than thirty (30) calendar days from the date of delivery of such notice. Notice shall be delivered as provided for in Section �V.5 above. If the Project Sponsor terminates this Agreement, the Project Sponsor shall not be e�titled to the fi�ll amount of the TFCA Regional Funds Awarded. The Project Sponsor may retaizl or receive payment for that portion af the TFCA Funds to which they are entitled as we11 as all unpaid amaunts due Projact Sponsor that Air District has not paid, including but nat limited to, those eligible costs on the Praject incurred by Project Sponsor. The Air District wi11 calculate the amount of funds ta which #he Project Sponsor is eligible by a) dividing the amount of the TFCA Regional Funds Awarded �y the nun�ber of months nf the Project Useful Life, and then, b) multiplying that amount by the numl�er af fiill nnonths of operatian campleted at th� time the Agreement is tertninated. If the Air Dist�•ict has paid the Project Sponsor mor than the amount of firnds to which the Project Sponsor is eligible, the Project Sponsor sha�l pay the �unds owed to the Air District prior to the �ff�ctive date of termination. If the Pa��ies have agreed to an alternative �•eizx�bL►xsement formula, which would be set foetlz in the Special Coiiditions, Attachmetlt A, the Air District will calculate the arnount of'th� �•eimbursement based on that formuia. If the Air District terminates thi� Agreement purs�ant to this pra�ision, the Project Sponsor shall, upon receipt of t��e Air District's written termination notice, cease immediateiy all wark under this Agreement and further exper�ditures of TFCA funds, except for any wo�•k that the Air District has permittad in the notice af termination to continue. The Air District will TFCI� Re ional Fund Pro'ect 11R07 ATTY/AGR/2011.138/BAAQMD P� e 5 g � REV:12/15/11 g