That the PROJECT SPONSOR shall invoice the DEPARTMENT for incurred costs on a
monthly basis and the DEPARTMENT will process these invoices for payment in an
expeditious manner.
That the PROJECT SPONSOR agrces to commence the Project at least two (2) years prior
to the Programmed Year of Advertisement as set forth in the Table on page 1 unless the
Programmed Year of Advertisement is less than 2 years from the date of this agreement, and
substantially complete the Project 2 years after the Programmed Year of Advertisement as
set forth in the Table on page I. unless earlier terminated as provided herein. The
PROJECT SPONSOR may apply to the DEPARTMENT for an extension to either deadline.
Such application for extension must be made in writing, providing an explanation of the
reasons for the delay, and proposing a revised schedule. Failure to meet any deadline
without good cause or failure to submit an extension request may cause the DEPARTMENT
to cancel its participation in this Project at its sole discretion, in which case any remaining
funds will be forfeited. The PROJECT SPONSOR is responsible for informing and
coordinating a new Project completion date that will need to be approved by the
DEPARTMENT if any condition arises that may result in cither deadline being unattainable.
That the PROJECT SPONSOR will attend a meeting with the DEPARTMENT’s
representative after signing this AGREEMENT to discuss the Project's scope, budget and
scheduic. The PROJECT SPONSOR will subsequently provide a schedule showing project
milestones with dates. Failure to meet these dates could delay funding for construction,
This AGREEMENT may be amended to incorporate changes in project scope, schedule,
and/or budget that may arise through the devclopment and design stages of the project,
pursuant to approval by the Governor and the Exccutive Council as Item No. 21 on October
3, 2018. Such amendments will be cffective upon execution of an instrument in writing
signed by both parties hereto. Otherwise, this AGREEMENT may be amended, waived or
discharged only by an instrument in writing signed by the parties hercto, and only after
approval of such amendment, watver of discharge by the Governor and Executive Council
of the State of New Hampshire unless no such approval is required under the circumstances
pursuant to State law, rule or policy.
That this AGREEMENT is contingent upon the appropriation of sufficient funds from the
State of New Hampshire Legislature and/or the Federal Highway Administration, If
sufficient funds are not appropriated. the DEPARTMENT may terminate this
AGREEMENT upon thirty (30) days’ written notice to the PROJECT SPONSOR. Such
termination shall relieve the DEPARTMENT and the PROJECT SPONSOR from
obligations under this AGREEMENT after the termination date.
Pursuant to authorization by the Governor and Executive Council, as Item No, { } on
{date}, this AGREEMENT is cffecttve upon the date shown on page one of this
AGREEMENT. The DEPARTMENT will include this AGREEMENT in its annual report to
the Governor and the Executive Council on the status of all active Federal Local Public
Agency (LPA) projects.
