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Page 4 of 16 <br />2.12. The LPA hereby agrees that all utilities which cross or otherwise occupy the right -of-way of <br />said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT's <br />Utility Procedure and Accommodation Policy (See http://www.in.gov/indot/2389.htm). The LPA <br />shall execute written use and occupancy contracts as defined in this Policy. <br /> <br />2.13. If FHWA or INDOT invokes sanctions per Section 6.6.2. of this Contract, or otherwise denies or <br />withholds federal funds (hereinafter called a citation or cited funds) for any reason and for all or any <br />part of the Project, the LPA agrees as follows: <br /> <br />2.13.1. In the event of a correctable noncompliance, the LPA shall make the corrections t o the <br />satisfaction of FHWA and INDOT in a reasonable amount of time. In the event the LPA <br />fails to make the required corrections, Sections 2.14.2 and 2.14.3 (as applicable) shall <br />apply. <br /> <br />2.13.2. In the event a citation for noncompliance: (1) is unable to be correc ted, (2) the LPA fails to <br />make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and <br />INDOT, or (4) for whatever reason the FHWA citation continues in force beyond a <br />reasonable amount of time, Section 2.14.2 shall apply, and adjust ments shall be made as <br />follows: <br /> <br />A. The LPA shall reimburse INDOT the total amount of all right -of-way costs that are <br />subject to FHWA citation which have been paid by INDOT to the LPA. <br /> <br />B. If no right -of-way costs have been paid by INDOT to the LPA or on the LPA 's behalf, <br />INDOT shall not pay any claim or billing for right -of-way that is subject to the FHWA <br />citation. <br /> <br />C. The LPA is not entitled to bill INDOT or to be reimbursed for any of its right -of-way <br />liabilities or costs that are subject to any FHWA citation in force. <br /> <br />2.13.3. If FHWA issues a citation denying or withholding all or any part of construction costs due <br />to LPA's noncompliance with right -of-way requirements, and construction work has <br />commenced, the following shall apply: <br /> <br />A. INDOT may elect to terminate, suspend , or continue construction work in accordance <br />with the provisions of the construction contract. <br /> <br />B. INDOT may elect to pay its obligations under the provisions of the construction <br />contract. <br /> <br />C. If the noncompliance can be corrected, the LPA shall make the correc tions in a <br />reasonable amount of time to the satisfaction of FHWA and INDOT. <br /> <br />D. In the event a citation for noncompliance: (1) is unable to be corrected, (2) the LPA <br />fails to make corrections, (3) the LPA makes corrections which are not acceptable to <br />FHWA and INDOT, or (4) for whatever reason the FHWA citation continues in force <br />beyond a reasonable amount of time, and construction work has been terminated or <br />suspended, the LPA shall reimburse INDOT the full amount the LPA paid for said <br />construction work, less the amount of federal funds allowed by FHWA. <br /> <br />2.13.4. The LPA shall reimburse INDOT the total cost of the Project, not eligible for federal <br />participation. <br /> <br />2.13.5. If for any reason INDOT is required to repay to FHWA the sum(s) of federal funds paid to <br />the LPA or any othe r entity through INDOT under the terms of this Contract, then the LPA <br />shall repay to INDOT such sum(s) within forty -five (45) days after receipt of an invoice <br />DocuSign Envelope ID: AAC65708-4C44-4919-80AA-162AC09AE04F