AGREEMENT APPLICABILITY Clause Samples

AGREEMENT APPLICABILITY. This Project Agreement (“Agreement”) will become effective upon the signing of both parties and be binding on the date signed by the Director of the Division of Public School Academic Facilities. The District certifies that scope planning and financial planning have been completed prior to the project application submission. The District may have, at the District’s own expense and risk, begun developing construction plans and specifications and began seeking all required state agency approvals. No additional aspect of the project including construction will proceed prior to the signing of this Agreement. By signing the Agreement the District certifies that it has not begun the project beyond the steps outlined above. The Division and State of Arkansas is not obligated to pay any expenditures until the project has been approved and funded by the Commission. The signing of this Agreement certifies that the Commission for Arkansas Public School Academic Facilities and Transportation (“Commission”) has approved the project and funding under the Academic Facilities Partnership Program. The District further acknowledges by signing the Agreement that, should it be determined that the Project began prior to the signing of this Agreement, the Commission may exercise one of the following options: (1) exercise its authority for project disapproval, (2) declare any project aspects undertaken prior to the signing date ineligible for program funds, or (3) require the District to modify any plans and or contracts such that they are in conformance with the provisions of this Agreement. The District agrees that should any of these options be exercised by the Commission, the Agreement will be amended and the State Financial Participation adjusted accordingly. The Commission also may exercise its option to amend the Agreement under any of the following conditions: (1) should the plan review or the approval of a variance request by the District cause a change in scope; (2) the final contract price alters the initial State Financial Participation as stated in the Agreement; (3) should it be discovered that the District submitted any inaccurate information on the project funding application; or (4) the District receives a safe room grant from ADEM or FEMA.