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City of Santa Ana <br />Agreement No.: D2202006 <br /> Project No.: 3010038-002C <br />Page 15 of 49 <br /> <br />Exhibit B <br /> <br />Total $10,117,365 $10,117,365 <br /> <br />The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed <br />budget of eligible Project Costs and Project funding amounts. <br />Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost <br />Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the <br />Division may also adjust the line items of the Summary Project Cost Table as well as the detailed <br />budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary <br />Project Cost Table that are due to a change in scope of work will require an Agreement amendment. <br />The sum of adjusted line items in both the Summary Project Cost Table and the detailed budget must <br />not exceed the Project Funding Amount. The Division may also propose budget adjustments. <br /> (b) Under no circumstances may the sum of line items in the budget approved through the Final Budget <br />Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will <br />require an Agreement amendment. <br />B.1.6 Contingent Disbursement. <br />(a) The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s <br />compliance with the terms and conditions of this Agreement. <br /> <br />(b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of <br />sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for <br />any reason, including but not limited to failure of the federal or State government to appropriate funds <br />necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any <br />disbursements to the Recipient under this Agreement. This provision shall be construed as a condition <br />precedent to the obligation of the State Water Board to make any disbursements under this Agreement. <br />Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for <br />disbursement over any other entity. If any disbursements due the Recipient under this Agreement are <br />deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such <br />disbursement will be made to the Recipient when sufficient funds do become available, but this intention <br />is not binding. <br /> <br />(c) Construction costs and disbursements are not available until after the Division has approved the <br />final budget form submitted by the Recipient <br /> <br />(d) No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement. <br /> <br />(e) Construction costs incurred prior to the Eligible Construction Start Date are not eligible for <br />reimbursement. <br /> <br />(f) Failure to proceed according to the timelines set forth in this Agreement may require the <br />Recipient to repay to the State Water Board all disbursed Project Funds. <br /> <br />(g) The Recipient agrees to ensure that its final reimbursement request is received by the Division no <br />later than the Final Reimbursement Request Date. If the final reimbursement request is not received <br />timely, the undisbursed balance of this Agreement will be deobligated. <br /> <br />(h) The Recipient is not entitled to interest earned on undisbursed funds. <br /> <br />B.1.7 Reimbursement Procedure.