|(a) A grant recipient shall forfeit up to the amount
of the grant funds received if the office determines the grant recipient
has failed to perform, in material respect, the obligations established
in the grant agreement. The office may make such a determination at
any time during the grant agreement. The amount forfeited shall be
determined at the sole discretion of the office taking into account
factors including, but not limited to, the amount of the project that
was timely completed, excusable delays or other force majeure events,
and the materiality of default(s).
(b) A grant recipient shall not be required to forfeit
the amount of the grant funds received if it fails to perform due
to acts of war, terrorism, natural disaster declared by the governor
of this state, an act of God, force majeure, a catastrophe, or such
other occurrence over which the grant recipient has no control.
(c) A failure to perform resulting in forfeiture of
grant funds may be cause for the office to bar an applicant from future
consideration for grant funds under this program.