Common use of AGREEMENT APPLICABILITY Clause in Contracts

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. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date, this Agreement is null and void and any monies paid by the State to a District shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final payment. The parties agree to exercise good faith in the execution of this Agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the program, the District agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.

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 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 Agreementagreement. By signing signing, the Agreement the District 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 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 district further acknowledges by signing the Agreement that, should it be determined that the Project began prior to the signing of this Agreementagreement, the Commission may exercise one of the following options: (1) exercise Exercise its authority for project disapproval, (2) declare Declare any project aspects undertaken prior to the signing date ineligible for program funds, or (3) require Require the District district to modify any plans and or contracts such that they are in conformance with the provisions of this Agreementagreement. The District district agrees that should any of these options be exercised by the Commission, the Agreement agreement will be amended and the State Financial Participation adjusted accordingly. The Commission may also may exercise its their option to amend the Agreement under any of the following conditions: (1) agreement should the plan review or the approval of a variance request by the District district cause a change in scope; (2) scope or 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 FEMAagreement. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date10/25/2015, this Agreement agreement is null and void and any monies paid by the State state to a District district shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final paymentstate. The parties agree to exercise good faith in the execution of this Agreement agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the program, the District district agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.

AGREEMENT APPLICABILITY. This Project Agreement (“Agreement”) will become effective applicable upon the signing of both parties and be binding effective on the date signed by the Director of the Division of Public School Academic Facilities. The District district certifies that scope planning and financial planning have been completed prior to the project application submission. The District may have, at Preliminary design through project concept or schematic drawings must be presented prior to the District’s own expense and risk, begun developing construction plans and specifications and began seeking all required state agency approvalssigning of this agreement. No additional aspect of the project including construction Project will proceed prior to the signing of this Agreement. By signing the Agreement signing, the District certifies that it has not begun the project 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 agreement certifies that the Commission for Arkansas Public School Academic Facilities and Transportation (“Commission”) has approved the project 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 Agreementagreement, the Commission may exercise one of the following options: (1) exercise Exercise its authority for project Project disapproval, (2) declare Declare any project Project aspects undertaken prior to the signing date ineligible for program Program funds, or (3) require Require the District to modify any plans and or contracts such that they are in conformance with the provisions of this Agreement. The District district agrees that should any of these options be exercised by the Commission, the Agreement agreement will be amended and the State Financial Participation adjusted accordingly. The Commission may also may exercise its their option to amend the Agreement under any of the following conditions: (1) agreement should the plan review or the approval of a variance variance, request by the District cause a District, change in scope; (2) the final contract price alters or alter 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. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date, this Agreement is null and void and any monies paid by the State to a District shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final paymentagreement. The parties agree to exercise good faith in the execution of this Agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the program, the District agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced aboveProgram.

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 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 district certifies that full replacement value insurance to the signing of include a provision requiring code upgrades is available for this Agreementproject. By signing the Agreement signing, the District certifies acknowledges that it has not begun is prohibited from using the funds designated under this program for any purpose other than the approved emergency project beyond the steps outlined above. The Division and State of Arkansas is not obligated limited only to pay any expenditures until the those project has been related expenses as approved and funded by the CommissionDivision pertaining to construction costs. The signing of this Agreement certifies that the Commission for Arkansas Public School Academic Facilities and Transportation (“Commission”) has approved the project Project and funding under the Academic Facilities Partnership Catastrophic Program. The District further acknowledges by signing the Agreement that, should it be determined that the Project began prior to the signing district has violated any provision of this Agreement, agreement the Commission may exercise one of the following options: (1) exercise Exercise its authority for project Project disapproval, (2) declare Declare any project Project aspects undertaken in contravention to this agreement or prior to the signing date ineligible for program Program funds, or (3) require Require the District to modify any plans and or contracts such that they are in conformance with the provisions of this Agreement. The District district agrees that should any of these options be exercised by the Commission, the Agreement agreement will be amended and the State Financial Participation adjusted accordingly. The Commission may also may exercise its their option to amend the Agreement under any of the following conditions: (1) should the plan review or the approval of a any variance request by the District cause a District, change in scope; (2) the scope or final contract price alters alter 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 FEMAagreement. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date), this Agreement is null and void and any monies paid by the State state to a District district shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final paymentstate. The parties agree to exercise good faith in the execution of this Agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the programProgram, the District district agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Catastrophic Program or be subject to those Commission options referenced above.

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 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 Agreementagreement. By signing signing, the Agreement the District 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 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 district further acknowledges by signing the Agreement that, should it be determined that the Project began prior to the signing of this Agreementagreement, the Commission may exercise one of the following options: (1) exercise Exercise its authority for project disapproval, (2) declare Declare any project aspects undertaken prior to the signing date ineligible for program funds, or (3) require Require the District district to modify any plans and or contracts such that they are in conformance with the provisions of this Agreementagreement. The District district agrees that should any of these options be exercised by the Commission, the Agreement agreement will be amended and the State Financial Participation adjusted accordingly. The Commission may also may exercise its their option to amend the Agreement under any of the following conditions: (1) agreement should the plan review or the approval of a variance request by the District district cause a change in scope; (2) scope or 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 FEMAagreement. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date), this Agreement agreement is null and void and any monies paid by the State state to a District district shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final paymentstate. The parties agree to exercise good faith in the execution of this Agreement agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the program, the District district agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.

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 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 Agreementagreement. By signing signing, the Agreement the District 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 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 district further acknowledges by signing the Agreement that, should it be determined that the Project began prior to the signing of this Agreementagreement, the Commission may exercise one of the following options: (1) exercise Exercise its authority for project disapproval, (2) declare Declare any project aspects undertaken prior to the signing date ineligible for program funds, or (3) require Require the District district to modify any plans and or contracts such that they are in conformance with the provisions of this Agreementagreement. The District district agrees that should any of these options be exercised by the Commission, the Agreement agreement will be amended and the State Financial Participation adjusted accordingly. The Commission may also may exercise its their option to amend the Agreement under any of the following conditions: (1) agreement should the plan review or the approval of a variance request by the District district cause a change in scope; (2) scope or 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 FEMAagreement. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date, this Agreement agreement is null and void and any monies paid by the State state to a District district shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final paymentstate. The parties agree to exercise good faith in the execution of this Agreement agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the program, the District district agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.

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, began 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. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date, this Agreement is null and void and any monies paid by the State to a District shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final payment. The parties agree to exercise good faith in the execution of this Agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the program, the District agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.. Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline, Font color: Auto Formatted: Font color: Auto Formatted: Underline, Not Strikethrough RReveivsiesded202101019029020Revised 2021

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 district certifies that scope planning and financial planning have been completed prior to the project application submission. The District may have, at Preliminary design through project concept or schematic drawings must be presented prior to the District’s own expense and risk, begun developing construction plans and specifications and began seeking all required state agency approvalssigning of this agreement. No additional aspect of the project including construction Project will proceed prior to the signing of this Agreement. By signing the Agreement signing, the District certifies that it has not begun the project 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 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 Agreementagreement, the Commission may exercise one of the following options: (1) exercise Exercise its authority for project Project disapproval, (2) declare Declare any project Project aspects undertaken prior to the signing date ineligible for program Program funds, or (3) require Require the District to modify any plans and or contracts such that they are in conformance with the provisions of this Agreement. The District district agrees that should any of these options be exercised by the Commission, the Agreement agreement will be amended and the State Financial Participation adjusted accordingly. The Commission may also may exercise its their option to amend the Agreement under any of the following conditions: (1) should the plan review or the approval of a variance variance, request by the District cause a District, change in scope; (2) the scope or final contract price alters alter 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 FEMAagreement. Furthermore, if construction of the project has not commenced by (enter date 18 months from Commission approval) Click to enter Date), this Agreement is null and void and any monies paid by the State state to a District district shall be subject to immediate recapture by the State. The project must be completed, as evidenced by a Certificate of Occupancy presented to the Division and Division inspection completed within four (4) years of funding. A final pay request must be submitted within one (1) year of the presentation of the Certificate of Occupancy or five (5) years from project funding by the Commission, to include retainage and ‘punch’ list items only. The new facility must be entered into the district master plan and applicable room data shall be submitted to the Division in a manner prescribed by the Division prior to final paymentstate. The parties agree to exercise good faith in the execution of this Agreement and the completion of the requirements set forth herein, and that both parties will endeavor to follow and implement the aspects of the programProgram, the District district agrees to comply with all timelines and process requirements in the Rules Governing the Partnership Program or be subject to those Commission options referenced above.