Common use of Excluded Costs Clause in Contracts

Excluded Costs. The Recipient understands and agrees that, except to the extent FTA determines otherwise in writing, ineligible costs attributed to the Project will be treated as follows: (1) In determining the amount of Federal assistance FTA will provide for the Project, FTA will exclude: (a) Any Project cost incurred by the Recipient before the Effective Date of the Grant Agreement, Cooperative Agreement or any Amendment thereto, unless otherwise permitted by Federal law, regulation, or directive, accompanied by FTA’s approval in writing.; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a subagreement, lease, third party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTA; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h); and (e) Any profit or fee sought by the Recipient for its services under the Grant Agreement or Cooperative Agreement, except to the extent FTA determines otherwise in writing. (f) Any cost ineligible for FTA participation as provided by applicable Federal laws or regulations, in accordance with applicable Federal directives, except to the extent the Federal Government determines otherwise in writing. (2) The Recipient understands and agrees that payment made to the Recipient for any Project cost it has submitted does not constitute the Federal Government’s final decision about whether that cost is eligible for payment under the Project, and does not constitute a waiver of any violation by the Recipient of the terms of the Grant Agreement or Cooperative Agreement for the Project or this Master Agreement. The Recipient acknowledges that the Federal Government will not make a final determination about the eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that the Recipient is not entitled to receive any portion of the Federal assistance requested or paid, the Federal Government will notify the Recipient in writing, stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient’s responsibility to return any amounts due the Federal Government as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the Federal Government’s right to disallow costs and recover Federal assistance provided for the Project based on a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal assistance as necessary to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient.

Excluded Costs. The Recipient understands and agrees that, except to the extent FTA determines otherwise in writing, ineligible costs attributed to the Project will be treated as follows: (1) In determining the amount of Federal assistance FTA will provide for the Projectprovide, FTA will exclude: (a) Any Project cost incurred by the Recipient before the Effective Date of the Grant Agreement, Cooperative Agreement or any Amendment thereto, unless otherwise permitted by Federal law, regulation, or directive, accompanied by FTA’s approval in writing.; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a subagreement, lease, third party contractcontract or subagreement with a subrecipient that must be approved by FTA, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTA; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h); and (e) Any profit or fee sought by the Recipient for its services under the Grant Agreement or Cooperative Agreement, except to the extent FTA determines otherwise in writing. (f) Any cost ineligible for FTA participation as provided by applicable Federal laws or laws, regulations, in accordance with applicable Federal or directives, except to the extent the Federal Government determines otherwise in writing. (2) The Recipient understands and agrees that payment made to the Recipient for any Project cost it has submitted does not constitute the Federal Government’s final decision about whether that cost is allowable and eligible for payment under the Project, and does not constitute a waiver of any violation by the Recipient of the terms of the Grant Agreement or Cooperative Agreement for the Project or this Master Agreement. The Recipient acknowledges that the Federal Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that the Recipient is not entitled to receive any portion of the Federal assistance the Recipient has requested or paidprovided, the Federal Government will notify the Recipient in writing, stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient’s 's responsibility to return any amounts funds due the Federal Government as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the Federal Government’s 's right to disallow costs and recover Federal assistance provided for funds on the Project based on basis of a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient.

Excluded Costs. The Recipient Indian Tribe understands and agrees that, except to the extent FTA determines otherwise in writing, ineligible costs attributed to the Project will be treated as follows: (1) In determining the amount of Federal Tribal Transit Program assistance FTA will provide for the Projectprovide, FTA will exclude: (a) Any Project cost incurred by the Recipient Indian Tribe before the Effective Date of the Grant Agreement, Cooperative Agreement for the Tribal Transit Project or any Amendment thereto, unless otherwise permitted by Federal law, regulation, or directive, accompanied and approved by FTA’s approval FTA in writing.; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Tribal Transit Project property or services received in connection with a subagreement, lease, third party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTA; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h); and; (e) Any profit or fee sought by the Recipient Indian Tribe for its services under the Grant Agreement or Cooperative Agreementfor the Tribal Transit Project, except to the extent the FTA determines otherwise in writing.; and (f) Any cost ineligible for FTA participation as provided by applicable Federal laws or regulations, in accordance with applicable Federal directives, except to the extent the Federal Government determines otherwise in writing. (2) The Recipient Indian Tribe understands and agrees that payment made to the Recipient Indian Tribe for any Project cost it has submitted does not constitute the Federal Government’s final decision about whether that cost is allowable and eligible for payment under the Tribal Transit Project, and does not constitute a waiver of any violation by the Recipient Indian Tribe of the terms of the Grant Agreement or Cooperative Agreement for the Tribal Transit Project or this Tribal Transit Program Master Agreement. The Recipient Indian Tribe acknowledges that the Federal Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Tribal Transit Project has been completed. If the Federal Government determines that the Recipient Indian Tribe is not entitled to receive any portion of the Federal Tribal Transit Program assistance requested or paidprovided, the Federal Government will notify the Recipient Indian Tribe in writing, stating its reasons. The Recipient Indian Tribe agrees that closeout of the Tribal Transit Project closeout will not alter the RecipientIndian Tribe’s responsibility to return any amounts funds due the Federal Government as a result of later refunds, corrections, or other similar transactions; nor will closeout of the Tribal Transit Project closeout alter the Federal Government’s right to disallow costs and recover Federal assistance provided for funds on the Project based on basis of a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal Tribal Transit Program assistance made available for the Tribal Transit Project as necessary to satisfy any outstanding monetary claims that the Federal Government may have against the RecipientIndian Tribe.

Excluded Costs. The Recipient understands and agrees that, except to the extent FTA determines otherwise in writing, ineligible costs attributed to the Project will be treated as follows: (1) In determining the amount of Federal assistance FTA will provide for the Project, FTA will exclude: (a) Any Project cost incurred by the Recipient before the Effective Date of the Grant Agreement, Cooperative Agreement or any Amendment thereto, unless otherwise permitted by Federal law, regulation, or directive, accompanied by FTA’s approval in writing.; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a subagreement, lease, third party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTA; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h); and (e) Any profit or fee sought by the Recipient for its services under the Grant Agreement or Cooperative Agreement, except to the extent the FTA determines otherwise in writing. (f) Any cost ineligible for FTA participation as provided by applicable Federal laws or regulations, in accordance with applicable Federal directives, except to the extent the Federal Government determines otherwise in writing. (2) The Recipient understands and agrees that payment made to the Recipient for any Project cost it has submitted does not constitute the Federal Government’s final decision about whether that cost is eligible for payment under the Project, and does not constitute a waiver of any violation by the Recipient of the terms of the Grant Agreement or Cooperative Agreement for the Project or this Master Agreement. The Recipient acknowledges that the Federal Government will not make a final determination about the eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that the Recipient is not entitled to receive any portion of the Federal assistance requested or paid, the Federal Government will notify the Recipient in writing, stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient’s responsibility to return any amounts due the Federal Government as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the Federal Government’s right to disallow costs and recover Federal assistance provided for the Project based on a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal assistance as necessary to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient.

Excluded Costs. The Recipient Contractor understands and agrees that, except to the extent FTA the Department determines otherwise in writing, ineligible costs attributed to the Project will be treated as follows: (1) In determining the amount of Federal State assistance FTA the Department will provide for provide, the Project, FTA Department will exclude: (a) Any Project cost incurred by the Recipient before the Effective Date of the Grant Agreement, Cooperative Agreement or any Amendment thereto, unless otherwise permitted by Federal law, regulation, or directive, accompanied by FTA’s approval in writing.; (b) Any cost that is not included in the latest Approved Project Budget; (b) Any Project cost incurred by the Contractor before the Effective Date of the Grant; (c) Any cost for Project property or services received in connection with a subagreement, lease, third party contractcontract or subagreement with a subrecipient that must be approved by the Department, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTAthe Department; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h); and (e) Any profit or fee sought by the Recipient for its services under the Grant Agreement or Cooperative Agreement, except to the extent FTA determines otherwise in writing. (f) Any cost ineligible for FTA Department participation as provided by applicable Federal laws or Federal, State laws, regulations, in accordance with applicable Federal or directives. (e) The Contractor shall limit reimbursement for meals, except lodging and travel to the extent rates established by the Federal Government determines otherwise State of North Carolina Travel Policy. Costs incurred by the Contractor in writingexcess of these rates shall be borne by the Contractor. Any reimbursement request for travel, meals, conferences and seminar facilities must be accompanied by documentation that explains the cost relationship to the grant scope. The Public Transportation Division shall make the final determination that such documentation is adequate or that additional documentation is needed. (2) The Recipient Contractor understands and agrees that payment made to the Recipient Contractor for any Project cost it has submitted does not constitute the Federal Federal/State Government’s final decision about whether that cost is allowable and eligible for payment under the Project, and does not constitute a waiver of any violation by the Recipient Contractor of the terms of the Grant Agreement or Cooperative Agreement for the Project or this Master Agreement. The Recipient Contractor acknowledges that the Federal Federal/State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal Federal/State Government determines that the Recipient Contractor is not entitled to receive any portion of the Federal State assistance the Contractor has requested or paidprovided, the Federal Government Department will notify the Recipient Contractor in writing, stating its reasons. The Recipient Contractor agrees that Project closeout will not alter the Recipient’s Contractor's responsibility to return any amounts funds due the Federal State Government as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the Federal State Government’s 's right to disallow costs and recover Federal assistance provided for funds on the Project based on basis of a later audit or other review. Unless prohibited by Federal and State law or regulation, the Federal State Government may recover any Federal State assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal State Government may have against the RecipientContractor.

Excluded Costs. The Recipient understands and agrees that, except to the extent FTA determines otherwise in writing, ineligible costs attributed to the Project will be treated as follows: (1) In determining the amount of Federal assistance FTA will provide for the Project, FTA will exclude: (a) Any Project cost incurred by the Recipient before the Effective Date of the Grant Agreement, Cooperative Agreement or any Amendment thereto, unless otherwise permitted by Federal law, regulation, or directive, accompanied by FTA’s approval or unless an authorized FTA official states in writing.writing to the contrary; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a subagreement, lease, third party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTA; (d) Any ordinary governmental or nonproject operating cost, consistent with the prohibitions of 49 U.S.C. § 5323(h); and (e) Any profit or fee sought by the Recipient for its services under the Grant Agreement or Cooperative Agreement, except to the extent FTA determines otherwise in writing. (f) Any cost ineligible for FTA participation as provided by applicable Federal laws or laws, regulations, in accordance with applicable Federal or directives, except to the extent the Federal Government determines otherwise in writing. (2) The Recipient understands and agrees that payment made to the Recipient for any Project cost it has submitted does not constitute the Federal Government’s final decision about whether that cost is allowable and eligible for payment under the Project, and does not constitute a waiver of any violation by the Recipient of the terms of the Grant Agreement or Cooperative Agreement for the Project or this Master Agreement. The Recipient acknowledges that the Federal Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that the Recipient is not entitled to receive any portion of the Federal assistance requested or paidprovided, the Federal Government will notify the Recipient in writing, stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient’s 's responsibility to return any amounts funds due the Federal Government as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the Federal Government’s 's right to disallow costs and recover Federal assistance provided for funds on the Project based on basis of a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal financial assistance made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient.