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City of Santa Ana <br />Main Library <br />2021-2022 B F-1-21-053 <br />Page 20 <br />43. Severability: If any part of this Agreement is found to be unlawful or <br />unenforceable, such provisions will be voided and severed from this Agreement, <br />but the remainder of the provisions in the Agreement will remain in full force and <br />effect. <br />44. Site Visits: The Grantee shall allow the State Library to access and conduct site <br />visits, with reasonable notice, at which grant funds are expended and related <br />work being performed at any time during the performance of the work and for <br />up to ninety (90) days after completion of the work, or until all issues related to <br />the grant project have been resolved. A site visit may include, but not be limited <br />to, monitoring the use of grant funds, providing technical assistance when <br />needed, and visiting the State funded project. _ <br />45. Termination: The Agreement shall be subject to <br />or designee upon notice to the Grantee at leA <br />47 <br />effective date of termination <br />Grantee shall deliver to the State Librarian) <br />data, and materials prepared up to the da <br />shall determine and pay the Grant, <br />expenditures and obligations up to <br />covered by prior installments previ( <br />termination, <br />Library within 45 days. I; <br />unobligated balances, <br />the State Library wi <br />Timeline: Tim <br />the parties <br />part of the Ag <br />ation by the State Librarian <br />F&0) days prior to the <br />iel%�s terminated, the <br />II repWts, accounting, <br />cation. The State Librarian <br />and appropriate <br />ation which have not been <br />ird TaWe Grantee. Upon such <br />nt award must be returned to the State <br />advanced to the Grantee, any <br />the State Librarian, shall be returned to <br />:el*this Agreement. It is mutually agreed between <br />nd the implementation plan included therein are <br />Unused Funds: At theWd-of-term Grantee agrees to return any unexpended or <br />unaccounted for funds to the State Library, or to submit a written request for an <br />extension of the grant period. Funds will be considered unexpended or <br />unaccounted if they were: (1) not used for their intended purpose, or (2) used <br />inconsistent with the terms of this Agreement. <br />Funds will also be considered unaccounted for, and must be returned, if the <br />proposal outcomes or deliverables are materially incomplete by the end -of -term <br />or earlier termination, as determined by the State Library in its sole discretion. <br />48. Waiver of Rights: The State Library shall not be deemed to have waived any <br />rights under this Agreement unless such waiver is given in writing and signed by <br />State Library. No delay or omission on the part of State Library in exercising any <br />rights shall operate as a waiver of such right or any other right. A waiver by State <br />City Council 13 — 24 12/20/2022 <br />