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CWDB Contract No. M0113404 <br />CWDB/City of Santa Ana <br />Page 2 of 4 <br />This Agreement is valid and enforceable only if (1) sufficient funds are made available by <br />the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement <br />for the purposes of this program; and (2) sufficient funds are made available to the State <br />by the United States Government or by the State of California for the Fiscal Year(s) <br />covered by this Agreement for the purposes of this program. In addition, this Agreement <br />is subject to any additional restrictions, limitations or conditions established by the United <br />States Government and/or the State of California, or any statute enacted by the <br />Congress and Legislature, which may affect the provisions, terms or funding of the <br />Agreement in any manner. <br />The parties mutually agree that if the Congress and/or Legislature does not appropriate <br />sufficient funds for the program, this agreement shall be amended to reflect any reduction <br />in funds. <br />The CWDB has the option to terminate the agreement under the 30-day termination <br />clause or to amend the Agreement to reflect any reduction of funds. <br />D. California Prompt Payment Clause <br />Payment will be made in accordance with, and within the time specified in, Government <br />Code § 927, et seq. <br />