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City of Santa Ana <br />Grant Agreement No. 22-159 <br />Page 7 <br /> <br /> <br />deviation that shifts funds from approved budget items into an overhead or indirect costs <br />category, must be identified in a revised budget approved in advance and in writing by the <br />Executive Officer. The Conservancy may withhold payment for items that exceed the amount <br />allocated in the project budget by more than ten percent and that have not received the approval <br />required above. Any increase in the funding for any particular budget item will mean a decrease <br />in the funding for one or more other budget items unless there is a written amendment to this <br />agreement. <br /> <br />X. PROJECT COMPLETION <br />The grantee shall complete the project by the completion date provided in section “III. TERM <br />OF AGREEMENT.” Upon completion of the project, the grantee shall supply the Conservancy <br />with evidence of completion by submitting the following by the final Request for Disbursement <br />date set forth in section “III. TERM OF AGREEMENT”: <br /> <br />1. The plan and any other work products specified in the work program for the project, each <br />in a format or formats (for example, paper, digital, photographic) approved by the <br />Executive Officer. <br /> <br />2. A fully executed final “Request for Disbursement.” A “final Request for Disbursement” <br />means a Request for Disbursement that includes the withheld amounts and all remaining <br />amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement. <br /> <br />The Conservancy shall determine whether the grantee has satisfactorily completed the project. If <br />so, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project <br />will be deemed complete as of the date of the letter. <br /> <br />XI. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM <br />Before the project has commenced, either party may terminate this agreement for any reason by <br />providing the other party with seven days notice in writing. <br /> <br />Before the project is complete, the Conservancy may terminate or suspend this agreement for <br />any reason by providing the grantee with seven days notice in writing. In either case, the grantee <br />shall immediately stop work under the agreement and take all reasonable measures to prevent <br />further costs to the Conservancy. The Conservancy will be responsible for any reasonable and <br />non-cancelable obligations incurred by the grantee in the performance of this agreement prior to <br />the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding <br />authorized in this agreement. Any notice suspending work under this agreement will remain in <br />effect until further written notice from the Conservancy authorizes work to resume. <br />