AUTHORITY TO BEGIN WORK. The RAILWAY agrees not to commence work until receipt of notice to begin work in writing by the STATE, and that reimbursement will be limited to those costs incurred subsequent to the date of such notification. The RAILWAY agrees to notify the STATE approximately one week prior to beginning work on the site. III PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the RAILWAY, agrees to pay the RAILWAY actual direct and related indirect costs accumulated in accordance with a work order accounting procedure as prescribed and approved by the ICC Uniform System of Accounts, or its equivalent. An itemized estimate of cost for work to be performed by the RAILWAY at the STATE’s expense is shown on Exhibit “A,” attached hereto and by this reference made a part of this agreement. Following execution of this AGREEMENT, progress bills may be submitted to the STATE to cover costs incurred and the STATE shall pay such progress xxxxxxxx within 60 days of receipt from the RAILWAY. If the billing is disputed for any reason, the STATE wil promptly notify the RAILWAY and will pay any undisputed amount. Progress bills are not to be submitted more frequently than one (1) per month. Final and detailed billing on all incurred costs shall be made by the RAILWAY and furnished to the STATE within one hundred twenty (120) days of project completion, and the STATE shall pay all eligible amounts of such bill, less progress payments previously made. It is agreed that payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the RAILWAY, the RAILWAY agrees to refund such overpayment to the STATE. During the progress of construction and for a period not less than three years from the date of final payment to the RAILWAY, the records and accounts pertaining to the construction of the project and accounting therefor are to be kept available for inspection and audit by the STATE and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim, or audit ...
AUTHORITY TO BEGIN WORK. The RAILWAY agrees not to commence work until receipt of written Notice to Proceed by the STATE, and that reimbursement will be limited to those costs incurred subsequent to the date of such notification. The RAILWAY agrees to notify the STATE approximately one week prior to beginning work on the site.
