RECAPTURE PROVISION. A. In the event that a party fails to expend state funds in accordance with Washington law and/or the provisions of this Agreement, the City of Vancouver reserves the right to recapture state funds in an amount equal to the extent of noncompliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Agreement. Repayment by the party of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the City of Vancouver is required to institute legal proceedings to enforce the recapture provision, the City of Vancouver shall be entitled to its cost thereof, including reasonable attorney's fees, to be compensated by the party. C. This Agreement shall be subordinate to and governed by all provisions and terms contained in the Commute Trip Reduction Implementation Agreement between City of Vancouver and the Washington State Department of Transportation attached hereto as Exhibit B.
Appears in 2 contracts
Sources: Interlocal Agreement, Interlocal Agreement