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City of Santa Ana <br />Agreement No.: D2202006 <br /> Project No.: 3010038-002C <br />Page 43 of 49 <br /> <br /> <br />Exhibit D <br /> <br /> <br /> <br />EXHIBIT D – SPECIAL CONDITIONS <br /> <br />Executive Order N-6-22 — Russian Sanctions. <br /> <br />On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding <br />Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to <br />sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any <br />sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to <br />refrain from entering any new contracts with, individuals or entities that are determined to be a target of <br />Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of <br />Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that <br />shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient <br />advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a <br />written response. Termination shall be at the sole discretion of the State Water Board. <br /> <br />The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to <br />Russia’s actions in Ukraine imposed by the United States government or the State of California. The <br />Recipient is required to comply with the economic sanctions imposed in response to Russia’s actions in <br />Ukraine, including with respect to, but not limited to, the federal executive orders identified in California <br />Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia- <br />Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the <br />Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and- <br />country-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all <br />applicable reporting requirements regarding compliance with the economic sanctions, including, but not <br />limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients <br />with one or more agreements with the State of California with an aggregated value of Five Million Dollars <br />($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the <br />economic sanctions and all applicable reporting requirements may result in termination of this Agreement. <br /> <br />For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more <br />with the State of California, reporting requirements include, but are not limited to, information <br />related to steps taken in response to Russia’s actions in Ukraine, including but not limited to: <br /> <br />1. Desisting from making any new investments or engaging in financial transactions with <br />Russian institutions or companies that are headquartered or have their principal place of <br />business in Russia; <br /> <br />2. Not transferring technology to Russia or companies that are headquartered or have their <br />principal place of business in Russia; and <br /> <br />3. Direct support to the government and people of Ukraine.