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Grant Agreement No. 4600011889 <br />Page 25 of 32 <br />State. State may require that the proceeds from the disposition of any real or personal <br />property be remitted to State. <br />D.34) REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the <br />enforcement of this Grant Agreement is not exclusive and shall not deprive the party using <br />such remedy of, or limit the application of, any other remedy provided by law. <br />D.35) RETENTION: Notwithstanding any other provision of this Grant Agreement, State may, for each <br />project, withhold five percent (5.0%) of the funds requested by Grantee for reimbursement of <br />Eligible Costs. Each project in this Grant Agreement will be eligible to release its respective <br />retention when that project is completed and Grantee has met requirements of Paragraph 15, <br />"Submissions of Reports", except in the case of the last project to be completed under this <br />Grant Agreement, in which case retention for such project will not be disbursed until the "Final <br />Report" is submitted to and approved by State. State shall disburse retained funds to the <br />Grantee. <br />D.36) RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, <br />computer programs, operating manuals, notes and other written or graphic work produced in <br />the performance of this Grant Agreement shall be made available to the State and shall be in <br />the public domain to the extent to which release of such materials is required under the <br />California Public Records Act., Government Code §6250 et seq. Grantee may disclose, <br />disseminate and use in whole or in part, any final form data and information received, <br />collected and developed under this Grant Agreement, subject to appropriate <br />acknowledgement of credit to State for financial support. Grantee shall not utilize the <br />materials for any profit -making venture or sell or grant rights to a third party who intends to do <br />so. The State shall have the right to use any data described in this paragraph for any public <br />purpose. <br />0.37) SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or <br />unenforceable. such shall be severed from the whole and the Grant Agreement shall continue <br />as modified. <br />D.38) STATE REVIEWS: The parties agree that review or approval of project applications, documents, <br />permits, plans, and specifications or other project information by the State is for administrative <br />purposes only and does not relieve the Grantee of their responsibility to properly plan, design, <br />construct, operate, maintain, implement, or otherwise carry out the project. <br />D.39) SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments <br />or termination, or both, and Grantee may be subject to debarment if the State determines <br />that: <br />a) Grantee, its contractors, or subcontractors have made a false certification, or <br />b) Grantee, its contractors, or subcontractors violates the certification by failing to carry out <br />the requirements noted in this Grant Agreement. <br />D.40) SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and <br />bind the successors and assigns of the parties. No assignment or transfer of this Grant <br />Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be <br />valid unless and until it is approved by State and made subject to such reasonable terms and <br />conditions as State may impose. <br />D.41) TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, <br />Grantee may terminate this Agreement and be relieved of contractual obligations. In doing <br />