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OHIO ENVIRONMENTAL PROTECTION AGENCY SURFACE WATER IMPROVEMENT FUND GRANTAGREEMENT Page 8 Subgrantee shall submit a request for payment which shall be reviewed pursuant to this Agreement. 28. (Legal and Equitable Remedies.) The Director reserves the right to seek any and all other available legal and equitable remedies. ARTICLE VII General Provisions 29. (Supersedence/Modification) This Agreement is the complete agreement between the parties and supersedes all other agreements, oral or written, between the parties with respect to the subject matter herein. Except as otherwise specified in this Agreement, this Agreement, including, but not limited to, the Project Work Plan, may not be modified, amended or supplemented, or rights herein waived, except upon written, signed consent by the parties to this Agreement, provided that any such modification, amendment, supplementation or waiver shall comply with and be subject to any statutory or regulatory requirements placed upon Ohio EPA's authority to enter into agreements. A waiver by any party of any breach or default by the other party under this Agreement shall not constitute a • continuing waiver by such party of any subsequent act in breach of or in default hereunder. 30. (Certification of Funds) To the extent that this Agreement involves the expenditure of money chargeable to an appropriation, this Agreement and the financial obligations of Ohio EPA hereunder are subject to Ohio Revised Code ("ORC") § 126.07, which provides that .contracts (agreements) involving such expenditures are not valid and enforceable unless the director of budget and management first certifies that there is a balance in the appropriation not already obligated to pay existing obligations. The expenditure of funds pursuant to this Agreement is further contingent upon the approval by the Controlling Board, if such approval is required by ORC §127.16. 31. (Biennium Limitations) This Agreement shall expire no later than the last day of the fiscal biennium for which funds have been appropriated to Ohio EPA by the Ohio General Assembly for this project. Unless terminated pursuant to Paragraphs 25 or 27 of this Agreement, this Agreement shall be renewed in each succeeding fiscal biennium in which any balance of sums payable by Ohio EPA under this Agreement remains unpaid, provided that both an appropriation of unpaid funds and the certification required by ORC § 126.07 are made, and provided further that the term of the payments shall not extend beyond the Project Closure Date, unless Ohio EPA and the Subgrantee agree in writing to payments beyond the Project Closure Date. 32. (Non-assignability) All of the provisions of this Agreement shall inure to the benefit of and be binding upon, the parties hereto and their respective agents, successors, and assigns; provided, however, neither party may assign any of its respective duties, rights and