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Alameda CTC Agreement No.A23-0049 Project No. 157800 25. For TFCA funds obligated by this AGREEMENT,a PROJECTSPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five(5)years from the date of BAAQNID's final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented.A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds.A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREENIFINT,PROJECT'SPONSOR shall return to AL vNiFlu A CTC,on a pro-rated basis,TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout,and at least until the conclusion of,its "Years of Effectiveness"as identified in Appendix G:Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT,PROJECT SPONSOR shall submit a TFCA Final Report to the AI.AMEDA CTC.The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G. SECTION II ALAMEDA CTC AGREES: 1. ALxmrDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able,upon request and as necessary,in resolving issues related to the PROJECT. 3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREUMENT. 4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR,which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 5. ALAMEDA CTC shall provide timely notice to PROD ECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMUNT or the applicable ALAMEDA CTC ADMINISTERED FUNDS. Page 8of16