EP 1130-2-500
27 Dec 96
subject to adjustment and are not to be construed as the total financial responsibilities of the
Government and the Partner.
b. The Partner shall provide the contribution required under Article II.b. of this
Agreement in accordance with the following provisions: Not less than [NUMBER OF DAYS, 30
OR MORE] calendar days prior to issuance of the solicitation for the first construction contract,
the Government shall notify the Partner of the funds required from the Partner to meet its
projected contribution, including its proportionate share of the Government's financial obligations
incurred prior to the commencement of the period of construction. Prior to the issuance of the
solicitation, the Partner shall provide the Government with the full amount of the required funds
by delivering a check payable to "FAO, USAED, [APPROPRIATE USACE DISTRICT]" to the
Government's [TITLE OF APPROPRIATE GOVERNMENT REPRESENTATIVE]. The
Government shall draw from the funds provided by the Partner such sums as the Government
deems necessary to cover: (a) the Partner's proportionate share of the Government's financial
obligations incurred prior to the commencement of the period of construction; and (b) the
Partner's proportionate share of the Government's contractual and in-house financial obligations
as they are incurred during the period of construction. In the event the Government determines
that the Partner must provide additional funds to meet its obligation, the Government shall notify
the Partner of the additional funds required. Within [NORMALLY 60] calendar days thereafter,
the Partner shall provide the Government with a check for the full amount of the additional
required funds.
c. Upon completion of the Project and resolution of all relevant claims and appeals, the
Government shall conduct a final accounting and furnish the Partner with the results of the final
accounting. The final accounting shall establish total project costs, each party's contribution
provided thereto, and each party's required share thereof.
1. In the event the final accounting shows that the total contribution provided by the
Partner is less than its required share of total project costs, the Partner shall, no later than 90
calendar days after receipt of written notice, make a payment to the Government of whatever sum
is required to meet the Partner's required share of total project costs.
2. In the event the final accounting shows that the total contribution provided by the
Partner exceeds its required share of total project costs, the Government shall, subject to the
availability of funds, refund the excess to the Partner no later than 90 calendar days after the final
accounting is complete. In the event existing funds are not available to refund the excess to the
Partner, the Government shall seek such appropriations as are necessary to make the refund.
ARTICLE IV - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement, that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
through negotiation, they may agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified third party acceptable to both parties. The parties shall each
pay 50 percent of any costs for the services provided by such a third party as such costs are
incurred. The existence of a dispute shall not excuse the parties from performance pursuant to
this Agreement.
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