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(C) Prior Approvals
The National Environmental Policy Act (NEPA) requires the DOE to
consider the impact of the project on the environment. Due to the
NEPA requirement the Participant will be required to supply to DOE
certain environmental information and design information before
detailed design work can start.
No DOE funds may be expended by the
Participant on detailed design, construction or operation unless and
until DOE notifies the participant that all NEPA requirements have
2) Phase Overlap Activities
(a) Overlap activities included in current budget.
Notwithstanding that funds may have been obligated in the current
budget period for phase overlap activities, the Participant shall not
incur costs for any of these activities until prior approval has been
given by the DOE Contracting Officer.
(b) Overlap activities not included in current budget.
The Participant may request DOE approval for revision of a budget for the current budget period to allow for other phase overlap activities not already included in the budget for that period. This request shall include a revised budget for the current period which specifically identifies such activities and shall provide a written explanation of the benefits to accrue by their early initiation.
All program income (including royalties, revenues during the period of performance, net revenues following the period of performance, and proceeds from the sale of project assets) earned from the activities performed under this Cooperative Agreement or resulting from the supported work, shall inure to the parties in proportion to their relative cost-share contributions. The Government's right to such income shall continue until it has recouped all of its expenditure for the project, or until 20 years have elapsed from the end of the project period, whichever comes first. The Participant shall submit to the DOE a report describing program income and payment of the Government's share on at least an annual basis.
("Revenue," "net revenue," and other program income will be further specifically defined in the Cooperative Agreement to reflect the attributes of the specific project using the principles contained in Section VI.4 of the PON.]
(E) Additional Funds
If at any time during the performance of this Cooperative Agreement the
Participant has reason to believe that the total estimated project costs for
any budget period are insufficient to cover the completion of all work to be
performed under such period, the Participant shall provide the DOE Contract
ing Officer immediate written notice.
Such written notice shall, as a mini
mum, set forth (1) a detailed explanation of the facts and rationale support
ing such determination, (2) a proposed budget detailing the amount of additional funds needed to enable the completion of such period, and (3) the specific amount requested from DOE if DOE is being asked to cost-share in the
Under no circumstance shall the Participant incur any additional costs to be
cost-shared by DOE under this Cooperative Agreement without the prior written
approval of the DOE Contracting Officer.
(F). DOE/Participant Share of Additional Funds
If the use of additional DOE funds are approved by DOE for any phase, and
unless the agreement for additional funds provides for a lesser cost-share by
the Government, the parties to this Cooperative Agreement shall share in any
additional authorized costs in excess of those estimated as of the date of
award in amounts proportional to their respective shares of total project
costs under this Cooperative Agreement.
DOE shall under no circumstances provide additional funds in excess of twenty
five (25) percent (%) of its share of the total estimated project cost as
shown on the initial award document in block 17 of the initial "Notice of
Final Assistance Award."
(G) Total Estimated Project Cost
The DOE and the Participant shall share in the total estimated project costs
of performance of this Cooperative Agreement under each Phase in accordance
with their respective shares as defined below.
The Participant's respective share of total estimated project costs shall
commence on the first day of authorized performance under any Phase and
continue until Phase completion(s) or project termination, whichever occurs
The amount which Participant will expend for Phase I is: