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XIV. <br />CONTINGENCY OF FUNDS <br />CONTRACTOR acknowledges that approval of and funding for this Agreement is <br />contingent upon State approval, and WIOA and/or SSA funds received or obligated from the State <br />of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY <br />shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, <br />CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary <br />modification to this Agreement and/or reimbursement of costs incurred hereunder. <br />XV. <br />TERA/HNATION <br />A. This Agreement may be terminated by either party at its sole discretion, upon thirty <br />(30) days written notice to the other party. Notice shall be deemed served on the date of mailing. <br />However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any <br />participant. <br />B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations <br />hereunder, CITY may declare a default and termination of this Agreement by written notice to <br />CONTRACTOR, which default and termination shall be effective on a date stated in the notice which <br />is to be not less than ten (10) days after certified mailing or personal service of such notice, unless <br />such default is cured before the effective date of termination stated in such notice. If terminated for <br />cause, CITY shall be relieved of fixrther liability or responsibility under this Agreement, or as a result <br />of the termination thereof, including the payment of money, except for payment for approved <br />expenses incurred for services satisfactorily and timely performed prior to the mailing or service of <br />the notice of termination, and except for reimbursement of (1) any payments made for services not <br />subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in <br />obtaining substitute performance. <br />XVI. <br />DISPUTES <br />Except as otherwise provided in this Agreement, any dispute concerning any <br />question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce <br />its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The <br />decision of the City shall be final and conclusive unless within thirty (30) calendar days from the <br />mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal <br />said decision. <br />If receiving WIOA funds, procedures governing the appeal shall be prescribed by <br />CITY and/or the State of California in accordance with the Act and all corresponding regulations <br />and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in <br />accordance with CITY's decision unless the dispute involves a change order. <br />25A-42 <br />Page 14 of 17 <br />