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acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee <br />agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. <br />10. Status Reports. <br />The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, <br />Progress Report Form, to Department's Grant Manager describing the work performed during the reporting <br />period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting <br />period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly <br />reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March <br />31, June 30, September 30 and December 31. The Department will review the required reports submitted by <br />Grantee within thirty (30) days. <br />11. Retainage. <br />The following provisions apply if Department withholds retainage under this Agreement: <br />a. The Department reserves the right to establish the amount and application of retainage on the work performed <br />under this Agreement up to the maximurn percentage described in Attachment 2, Special Terms and Conditions. <br />Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval <br />of all deliverables. <br />b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall <br />forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not <br />limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work <br />was actually performed. The Department shall provide written notification to Grantee of the failure to perform <br />that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe <br />stated in Department's notice, the retainage will be forfeited to Department. <br />c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. <br />d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided <br />Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing <br />procedures under this Agreement. <br />12. Insurance. <br />a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees <br />and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as <br />described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to <br />make compliance with the insurance requirements of this Agreement a condition of all contracts that are related <br />to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. <br />b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a <br />deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the <br />Grantee providing such insurance. <br />c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation <br />demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of <br />any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish <br />Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- <br />insured authorization, or other certification of self-insurance. <br />d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any <br />reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such <br />cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide <br />proof of such replacement coverage within ten (10) days after the cancellation of coverage. <br />e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add <br />the Department of Environmental Protection, its employees, and officers as an additional covered party <br />everywhere the Agreement requires them to be added as an additional insured. <br />13. Termination. <br />a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, <br />terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall <br />notify Grantee of the termination for convenience with instructions as to the effective date of termination or the <br />specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for <br />work to be paid under this Agreement within thirty (30) days of the effective date of termination. The <br />Department shall not pay any invoices received after thirty (30) days of the effective date of termination. <br />b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described <br />in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other <br />Attachment 1 <br />5of12 <br />Rev. 07/26/2022 <br />