Common use of Disbursement of the Grant Clause in Contracts

Disbursement of the Grant. ORS shall disburse Grant funds to Grantee, subject to completion of Exhibit D, and Exhibit D Attachments 1-4 (where applicable), to the satisfaction of ORS. 1) Upon completion of the Project, Grantee shall submit: a. An Application for Disbursement (Exhibit D); b. A completed Affidavit of Completion, Eligible Expenses (Exhibit D, Attachment 1) Project Close Out, Attestation (Exhibit D, Attachment 2), Xxxxx Xxxxx Certification (Exhibit D, Attachment 3), and Build America, Buy America Certification (Exhibit D, Attachment 4); c. A summary of expenses and summary statistics, (as defined in Section III.D(2) below); d. Detailed invoice(s) provided certified, on company letterhead, signed by the President, Chief Executive Officer, or Chief Financial Officer, and delivered by electronic means to the ORS Manager of Finance. By submitting an Application for Disbursement, Affidavit of Completion, and other documentation referenced above, Grantee certifies or affirms that the necessary work has been completed, that the Eligible Expenses related to the Project are authorized and allowable for determining the amount of Grant funds to be disbursed pursuant to this Agreement, and that Grantee is entitled to the disbursement of Grant funds pursuant to this Agreement. 2) An Application for Disbursement shall identify the total number of structures Grantee listed in the Application to be served, the total number of structures that have service available, and the corresponding percent of structures served. Grantee must provide a calculation of the total linear feet of all fiber and/or cable used in the construction of the middle/last mile fiber (excluding drops to businesses or homes). Statistics provided should closely align with GIS Shapefile deliverables. In addition, Grantee shall provide a summary of all expenses that were incurred throughout the Project and that are authorized and allowable for reimbursement pursuant to this Agreement in the format required by ORS. See Exhibit H. 3) ORS, in its sole discretion, may authorize the disbursement of funds on a percent completion basis calculated as: Total Number of Structures Available to be Served divided by Total Number of Structures to be Completed in Grantee’s Application. ORS will not authorize disbursement of funds until, in its sole discretion, sufficient documentation is received showing the facilities are active within the Project Area. 4) ORS will not authorize late fees to Grantee and Grantee shall not be entitled to any late fees on the compensation due to Grantee under the terms of this Agreement. 5) Grantee shall pay its subcontractor(s), if any, ORS and the State have no liability for payment to any subcontractors utilized by Grantee. 6) ORS will not authorize full payment of funds if Grantee withholds retainage from any subcontractors. 7) Except as excused by a force majeure event (see Section X), in the event the Project is not completed by the Project Completion Date, Grantee shall not be entitled to receive Grant funds from the Program, shall withdraw any request for a disbursement of Grant funds pursuant to this Agreement, and shall agree to waive any claims to a disbursement of Grant funds from the Program. 8) ORS has the right to withhold or deny the disbursement of Grant funds if ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project. ORS shall have the right at any time to request that Grantee provide additional supporting documentation with any request for payment. ORS will authorize the disbursement of any withheld or denied funds upon Xxxxxxx remedying an issue that resulted in the withholding or denial of Grant funds to ORS’s satisfaction and in ORS’s sole discretion. 9) If ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project, ORS retains the right to pursue any legal remedy, including, but not limited to, the recoupment or clawback of the Grant, whether pursuant to 31 C.F.R. § 35.10 or otherwise, and to the extent applicable, any costs and attorneys’ fees expended or incurred by ORS in pursuing such legal remedies. 10) Throughout the duration of the Project, ORS, in its sole and absolute discretion, has the right to review the status of the Project. Xxxxxxx acknowledges and agrees that ORS has final discretion as to the determination of the Project completion and its compliance with this Agreement, and that ORS also has the sole right and option, to disburse a portion of the Grant amount, which portion shall be determined by ORS if the Project fails to fully satisfy the terms of this Agreement. For example, if the approved Application identified 2,000 households/businesses could be served but if ORS, in its sole discretion, determines that only 50% of the Project is completed (i.e., only 1,000 households/businesses have broadband service available), ORS, in its sole discretion, may, but shall not be required to, limit the disbursement to the lesser of (a) 50% of the Grant amount, or (b) 50% of eligible expenses, subject to the agreed upon Project match. Notwithstanding this Section, however, ORS retains the right, and Xxxxxxx hereby agrees, that ORS may deny and withhold any disbursement of Grant funds in the event the Project is not fully completed by the Completion Date. Failure to complete priority areas outlined in Exhibit L and Exhibit M, may result in forfeiture of Grant funding and the obligation to reimburse to ORS any Grant funds previously disbursed to the Grantee. 11) The disbursement of the Grant funds shall be the only and the complete payment to Grantee for all expenses, of whatever nature, incurred by Xxxxxxx and claimed as Eligible Expenses under this Agreement. However, under this Agreement, the State has no liabilities to Grantee other than the disbursement of Grant funds pursuant to this Agreement and subject to completion of a qualifying project as described herein. 12) Disbursement of the Grant funds will be made by ORS either by check or an automatic clearing house (ACH), depending on Grantee’s vendor registration.

Disbursement of the Grant. ORS shall a) After the Effective Date, the Department will disburse Grant funds to Grantee, subject to completion of Exhibit DGrantee on a reimbursement basis as the Project progresses. Grantee shall submit a request for payment consistent with the procedures set forth in the Program Guides. A request for payment shall identify in detail all expenses incurred for which reimbursement is being sought, and Exhibit D Attachments 1-4 (where applicable), to the satisfaction of ORS. 1) Upon completion shall have attached copies of the Project, Grantee shall submit: a. An Application for Disbursement (Exhibit D); b. A completed Affidavit of Completion, Eligible Expenses (Exhibit D, Attachment 1) Project Close Out, Attestation (Exhibit D, Attachment 2), Xxxxx Xxxxx Certification (Exhibit D, Attachment 3), and Build America, Buy America Certification (Exhibit D, Attachment 4); c. A summary of expenses and summary statistics, (as defined in Section III.D(2) below); d. Detailed invoice(s) provided certified, on company letterhead, signed by the President, Chief Executive Officer, or Chief Financial Officer, and delivered by electronic means to the ORS Manager of Finance. By submitting an Application for Disbursement, Affidavit of Completion, supporting invoices and other documentation referenced aboveof such expenses as required by the Office. A request for reimbursement must be based on the actual expenses incurred by Grantee for eligible, Grantee certifies or affirms that the necessary work has been completed, that the Eligible Expenses related to the Project are authorized and allowable for determining the amount of Grant funds to be disbursed pursuant to this Agreementapproved grant activities, and that Grantee is entitled to the Xxxxxxx’s actual disbursement of Grant funds pursuant to this Agreementfor eligible, approved grant activities. 2b) An Application Requests for Disbursement payment should be made allowing at minimum thirty (30) calendar days to receive the Grant funds. The request for payment shall identify not exceed the total number of structures Grantee listed in eligible costs incurred and approved by the Application to be served, the total number of structures that have service available, and the corresponding percent of structures servedDepartment. Grantee must provide a calculation of the total linear feet of all fiber and/or cable used in the construction of the middle/last mile fiber (excluding drops to businesses or homes). Statistics provided should closely align with GIS Shapefile deliverables. In addition, Grantee shall provide a summary of all expenses that were incurred throughout the Project and that are authorized and allowable for reimbursement pursuant to this Agreement in the format required by ORS. See Exhibit H. 3) ORSThe Department, in its sole discretion, may authorize the disbursement of disburse funds on a percent completion basis calculated as: Total Number of Structures Available for eligible costs anticipated to be Served divided by Total Number of Structures incurred or costs incurred prior to be Completed in Grantee’s Application. ORS will not authorize disbursement of funds until, in its sole discretion, sufficient documentation is received showing the facilities are active within the Project AreaEffective Date. 4c) ORS will not authorize late fees to Grantee and Grantee shall not be entitled to any late fees on the compensation due to Grantee under the terms of this Agreement. 5) Grantee shall pay its subcontractor(s), if any, ORS and the State have no liability for payment to any subcontractors utilized by Grantee. 6) ORS will not authorize full payment of funds if Grantee withholds retainage from any subcontractors. 7) Except as excused by a force majeure event (see Section X), in the event the Project is not completed by the Project Completion Date, Grantee shall not be entitled to receive Grant funds from the Program, shall withdraw any request for a disbursement of Grant funds pursuant to this Agreement, and shall agree to waive any claims to a disbursement of Grant funds from the Program. 8) ORS has the right to withhold or deny the disbursement of Grant funds if ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project. ORS The Department shall have the right at any time to request that Grantee provide additional reasonable supporting documentation with any request for payment. ORS will authorize . d) The Department reserves the disbursement of right not to disburse any withheld or denied Grant funds upon Xxxxxxx remedying an issue that resulted if, in the withholding or denial of Grant funds to ORSDepartment’s satisfaction and in ORS’s sole discretion.determination: 9i) If ORS determines, in its sole discretion, that Grantee has failed to perform or complete supply a material fact in a request for disbursement; ii) Xxxxxxx’s disbursement request, when combined with all prior disbursement requests, exceeds the Project, ORS retains the right to pursue any legal remedy, including, but not limited to, the recoupment or clawback total amount of the Grant, whether pursuant to 31 C.F.R. § 35.10 or otherwise, and to the extent applicable, ; iii) Grantee has used any costs and attorneys’ fees expended or incurred by ORS in pursuing such legal remedies. 10) Throughout the duration of the Project, ORS, in its sole and absolute discretion, has the right to review the status of the Project. Xxxxxxx acknowledges and agrees that ORS has final discretion as to the determination of the Project completion and its compliance with this Agreement, and that ORS also has the sole right and option, to disburse a portion of the Grant amountfor uses or activities other than the Project, which portion shall be determined by ORS if the Project fails to fully satisfy or in a manner inconsistent with the terms and conditions of this Agreement. For example, if the approved Application identified 2,000 households/businesses could be served but if ORS, in its sole discretion, determines that only 50% of the Project is completed (i.e., only 1,000 households/businesses have broadband service available), ORS, in its sole discretion, may, but shall not be required to, limit the disbursement to the lesser of (a) 50% of the Grant amount, or (b) 50% of eligible expenses, subject to the agreed upon Project match. Notwithstanding this Section, however, ORS retains the right, and Xxxxxxx hereby agrees, that ORS may deny and withhold any disbursement of Grant funds in the event the Project is not fully completed by the Completion Date. Failure to complete priority areas outlined in Exhibit L and Exhibit M, may result in forfeiture of Grant funding and the obligation to reimburse to ORS any Grant funds previously disbursed to the Grantee. 11) The disbursement of the Grant funds shall be the only and the complete payment to Grantee for all expenses, of whatever nature, incurred by Xxxxxxx and claimed as Eligible Expenses under this Agreement. However, under this Agreement, the State has no liabilities Act, the Regulations, and the Guides; iv) Grantee is not performing or completing the Project in a manner satisfactory to the Department; or v) Grantee is in default under any other than the disbursement of Grant funds pursuant to term or condition contained in this Agreement and subject to completion of a qualifying project as described hereinAgreement. 12) Disbursement of the Grant funds will be made by ORS either by check or an automatic clearing house (ACH), depending on Grantee’s vendor registration.

Disbursement of the Grant. ORS shall disburse Grant funds to Grantee, subject to completion of Exhibit D and Exhibit D, and Exhibit D Attachments 1-4 (where applicable), Attachment 1 to the satisfaction of ORS. 1) Upon completion of the Project, Grantee shall submit: a. An Application for Disbursement (Exhibit D); b. A completed Affidavit of Completion, Completion and Eligible Expenses (Exhibit D, Attachment 1) Project Close Out, Attestation (Exhibit D, Attachment 2), Xxxxx Xxxxx Certification (Exhibit D, Attachment 3), and Build America, Buy America Certification (Exhibit D, Attachment 4); c. A summary of expenses and summary statistics, (as defined in Section III.D(2) below); d. Detailed invoice(s) provided certified, on company letterhead, signed by the President, Chief Executive Officer, or Chief Financial Officer, and delivered by electronic means to the ORS Manager of Finance. By submitting an Application for Disbursement, Affidavit of Completion, and other documentation referenced above, Grantee certifies or affirms that the necessary work has been completed, that the Eligible Expenses related to the Project are authorized and allowable for determining the amount of Grant funds to be disbursed pursuant to this Agreement, and that Grantee is entitled to the disbursement of Grant funds pursuant to this Agreement.. DRAFT 2) An Application for Disbursement shall identify the total number of structures locations Grantee listed in the Application to be served, the total number of structures locations that have service available, and the corresponding percent of structures locations served. Grantee must provide a calculation of the total linear feet of all fiber and/or cable used in the construction of the middle/last mile fiber (excluding drops to businesses or homes). Statistics provided should closely align with GIS Shapefile deliverables. In addition, Grantee shall provide a summary of all expenses that were incurred throughout the Project and that are authorized and allowable for reimbursement pursuant to this Agreement in the format required by ORS. See Exhibit H. 3) ORS, in its sole discretion, may authorize the disbursement of funds on a percent completion basis calculated as: Total Number of Structures Locations Available to be Served divided by Total Number of Structures Locations to be Completed in Grantee’s Application. ORS will not authorize disbursement of funds until, in its sole discretion, sufficient documentation is received showing the facilities are active within the Project Area. 4) ORS will not authorize late fees to Grantee and Grantee shall not be entitled to any late fees on the compensation due to Grantee under the terms of this Agreement. 5) Grantee shall pay its subcontractor(s), if any, the appropriate share of the Grant fund payments no later than ten (10) calendar days after the date Grantee receives the payment. ORS and the State have no liability for payment to any subcontractors utilized by Grantee. 6) ORS will not authorize full payment of funds if Grantee withholds retainage from any subcontractors. 7) Except as excused by a force majeure event (see Section X), in the event the Project is not completed by the Project Completion Date, Grantee shall not be entitled to receive Grant funds from the Program, shall withdraw any request for a disbursement of Grant funds pursuant to this Agreement, and shall agree to waive any claims to a disbursement of Grant funds from the Program. 8) ORS has the right to withhold or deny the disbursement of Grant funds if ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project. ORS shall have the right at any time to request that Grantee provide additional supporting documentation with any request for payment. ORS will authorize the disbursement of any withheld or denied funds upon Xxxxxxx remedying an issue that resulted in the withholding or denial of Grant funds to ORS’s satisfaction and in ORS’s sole discretion.. DRAFT 9) If ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project, ORS retains the right to pursue any legal remedy, including, but not limited to, the recoupment or clawback of the Grant, whether pursuant to 31 C.F.R. § 35.10 or otherwise, and to the extent applicable, any costs and attorneys’ fees expended or incurred by ORS in pursuing such legal remedies. 10) Throughout the duration of the Project, ORS, in its sole and absolute discretion, has the right to review the status of the ProjectProject completion, including any phases or milestones completed as such that broadband service is available. Xxxxxxx acknowledges and agrees that ORS has final discretion as to the determination of the Project completion and its compliance with this Agreement, and that ORS also has the sole right and option, to disburse a portion of the Grant amount, which portion shall be determined by ORS in its sole discretion if the Project fails to fully satisfy the terms of this AgreementAgreement in ORS’ sole discretion. For example, if the approved Application identified 2,000 households/businesses could be served but if ORS, in its sole discretion, determines that only 50% of the Project is completed (i.e., only 1,000 households/businesses have broadband service available), ORS, in its sole discretion, may, but shall not be required to, limit the disbursement to the lesser of (a) 50% of the Grant amount, or (b) 50% of eligible expenses, subject to the agreed upon Project match. Notwithstanding this Section, however, ORS retains the right, and Xxxxxxx hereby agrees, that ORS may deny and withhold any disbursement of Grant funds in the event the Project is not fully completed by the Completion Date. Failure to complete priority areas outlined in Exhibit L and Exhibit M, may result in forfeiture of Grant funding and the obligation to reimburse to ORS any Grant funds previously disbursed to the Grantee. 11) The disbursement of the Grant funds shall be the only and the complete payment to Grantee for all expenses, of whatever nature, incurred by Xxxxxxx and claimed as Eligible Expenses under this Agreement. However, under this Agreement, the State has no liabilities to Grantee other than the disbursement of Grant funds pursuant to this Agreement and subject to completion of a qualifying project as described herein. 12) Disbursement of the Grant funds will be made by ORS either by check or an automatic clearing house (ACH), depending on Grantee’s vendor registration.

Disbursement of the Grant. ORS shall will disburse Grant funds to Grantee, Grantee and subject to completion of Exhibit D, and Exhibit D Attachments 1-4 (where applicable), to the satisfaction of ORS.D. 1) a. Upon completion of the Project, Grantee Xxxxxxx shall submit: a. An Application for Disbursement submit an “Affidavit of Completion and Eligible Expenses” (Exhibit D); b. A completed , along with an invoice on Grantee letterhead signed and certified by an officer of the Grantee. The Affidavit of Completion, Completion and Eligible Expenses (Exhibit D, Attachment 1) Project Close Out, Attestation (Exhibit D, Attachment 2), Xxxxx Xxxxx Certification (Exhibit D, Attachment 3), shall be submitted directly to ORS via email to xxxxxxxxx@xxx.xx.xxx and Build America, Buy America Certification (Exhibit D, Attachment 4); c. A summary of expenses and summary statistics, (as defined in Section III.D(2) below); d. Detailed invoice(s) provided certified, on company letterhead, signed by the President, Chief Executive Officer, or Chief Financial Officer, and delivered by electronic means uploaded to the ORS Manager of FinanceCitrix file share. By submitting an Application for Disbursement, Affidavit of Completion, Completion and other documentation referenced aboveEligible Expenses, Grantee certifies or affirms that it has completed the necessary work has been completedwork, that the Eligible Expenses related to the Project are authorized and allowable for determining determination of the amount of Grant funds to be disbursed pursuant to this Agreement, and that the Grantee is entitled to the disbursement of Grant funds pursuant to this Agreementfunds. 2) An Application b. A request for Disbursement disbursement shall identify the Xxxxxxx’s total number of structures Grantee listed in the Application to eligible expenses incurred and shall be served, the total number of structures that have service available, and the corresponding percent of structures served. Grantee must provide a calculation signed by an officer of the total linear feet of all fiber and/or cable used in the construction of the middle/last mile fiber (excluding drops to businesses or homes). Statistics provided should closely align with GIS Shapefile deliverables. In addition, Grantee shall provide a summary of all expenses that were incurred throughout the Project and that are authorized and allowable for reimbursement pursuant to this Agreement in the format required by ORS. See Exhibit H. 3) ORS, in its sole discretion, may authorize the disbursement of funds on a percent completion basis calculated as: Total Number of Structures Available to be Served divided by Total Number of Structures to be Completed in Grantee’s Application. ORS will not authorize disbursement of funds until, in its sole discretion, sufficient documentation is received showing the facilities are active within the Project Area. 4) c. ORS will not authorize late fees to Grantee and Grantee shall not be entitled to any late fees on the compensation due to the Grantee under the terms of this Agreement. 5) Grantee shall pay its subcontractor(s), if any, d. ORS and the State have no liability for payment to any subcontractors utilized by the Grantee. 6) e. ORS will not authorize full payment of funds if Grantee withholds retainage from any subcontractors. 7) Except as excused by a force majeure event (see Section X), in f. In the event the Project is not completed by the Project Completion DateDeadline, Grantee shall not be entitled to receive Grant funds from the Program, shall withdraw any request for a disbursement of Grant funds pursuant to this Agreement, and shall agree agrees to waive any claims claim to a disbursement of Grant funds from the Program. 8) g. ORS has the right to withhold or deny the disbursement of Grant funds if ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project. ORS shall have the right at any time to request that Grantee provide additional supporting documentation with any request for payment. ORS will authorize the disbursement of any withheld or denied funds upon Xxxxxxx remedying an issue that resulted in the withholding or denial of Grant funds to ORS’s satisfaction and in ORS’s sole discretion. 9) If ORS determines, in its sole discretion, that Grantee failed to perform or complete the Project, ORS retains the right to pursue any legal remedy, including, but not limited to, the recoupment or clawback of the Grant, whether pursuant to 31 C.F.R. § 35.10 or otherwise, and to the extent applicable, any costs and attorneys’ fees expended or incurred by ORS in pursuing such legal remedies. 10) Throughout the duration of the Project, ORS, in its sole and absolute discretion, has the right to review the status of the Project. Xxxxxxx acknowledges and agrees that ORS has final discretion as to the determination of the Project completion and its compliance with this Agreement, and that ORS also has the sole right and option, to disburse a portion of the Grant amount, which portion shall be determined by ORS if the Project fails to fully satisfy the terms of this Agreement. For example, if the approved Application identified 2,000 households/businesses could be served but if ORS, in its sole discretion, determines that only 50% of the Project is completed (i.e., only 1,000 households/businesses have broadband service available), ORS, in its sole discretion, may, but shall not be required to, limit the disbursement to the lesser of (a) 50% of the Grant amount, or (b) 50% of eligible expenses, subject to the agreed upon Project match. Notwithstanding this Section, however, ORS retains the right, and Xxxxxxx hereby agrees, that ORS may deny and withhold any disbursement of Grant funds in the event the Project is not fully completed by the Completion Date. Failure to complete priority areas outlined in Exhibit L and Exhibit M, may result in forfeiture of Grant funding and the obligation to reimburse to ORS any Grant funds previously disbursed to the Grantee. 11) The disbursement of the Grant funds shall be the only and the complete payment to Grantee for all expenses, of whatever nature, incurred by Xxxxxxx and claimed as Eligible Expenses under this Agreement. However, under this Agreement, the State has no liabilities to Grantee other than the disbursement of Grant funds pursuant to this Agreement and subject to completion of a qualifying project as described herein. 12) h. Disbursement of the Grant funds will be made by ORS either by check or via an automatic clearing house (ACH), depending on the Grantee’s vendor registration.