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Agreement No. GF1806-0 <br />3. Grantee and State agree that in the event of judgment entered against the State and <br />Grantee because of the gross negligence of the State and Grantee, their officers, agents or <br />employees, an apportionment of liability to pay such judgment shall be made by a court of <br />competent jurisdiction. Neither party shall request ajury apportionment. <br />G. Financial Records <br />1. Grantee shall maintain satisfactory financial accounts, documents and records for the project <br />and to make them available to the State for auditing at reasonable times. Grantee shall also <br />retain such financial accounts, documents and records for three (3) years after final payment <br />and one (1) year following an audit. <br />2. Grantee agrees that during regular office hours, the State and its duly authorized <br />representatives shall have the right to inspect and make copies of any books, records or <br />reports of the Grantee pertaining to this agreement or matters related thereto. Grantee shall <br />maintain and make available for inspection by the State accurate records of all of its costs, <br />disbursements and receipts with respect to its activities under this agreement. <br />3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise <br />agreed to by the State. <br />H. Use of Facilities <br />The real property (including any portion of it or any interest in it) may not be sold or <br />transferred without the written approval of the State of California, acting through the <br />Natural Resources Agency, or its successor, provided that such approval shall not be <br />unreasonably withheld as long as the purposes for which the grant was awarded are <br />maintained. <br />2. Grantee shall maintain, operate and use the project in fulfillment of the purpose funded <br />pursuant to this grant for a minimum of 25 YEARS, consistent with the Land Tenure/Site <br />Control requirements included in the Application Guidelines. The Grantee, or the Grantee's <br />successor in interest in the property, may assign without novation the responsibility to <br />maintain and operate the property in accordance with this requirement only with the written <br />approval of the State. Grantee may be excused from its obligations for operation and <br />maintenance of the project site only upon the written approval of the State for good cause. <br />"Good cause" includes, but is not limited to, natural disasters that destroy the project <br />improvements and render the project obsolete or impracticable to rebuild. <br />3. Grantee shall use the property for the purposes for which the grant was made and shall <br />make no other use or sale or other disposition of the property. This agreement shall not <br />prevent the transfer of the property from the Grantee to a Public Agency, if the successor <br />public agency assumes the obligations imposed by this agreement. <br />4. If the use of the property is changed to a use that is not permitted by the agreement, or if <br />the property is sold or otherwise disposed of, at the State's sole discretion, an amount <br />equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) <br />the proceeds from the sale or other disposition, whichever is greater, may be reimbursed <br />to the State. If the property sold or otherwise disposed of is less than the entire interest <br />in the property funded in the Grant, an amount equal to either the proceeds from the sale <br />or other disposition of the interest or the Fair Market Value of the interest sold or <br />otherwise disposed of, whichever is greater, shall be reimbursed to the State. <br />5. The Grantee shall not use or allow the use of any portion of the real property for <br />mitigation without the written permission of the State. <br />L0 C'7 <br />