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otherwise materially violating the terms and conditions of this AGREEMENT and/or any <br />PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT <br />upon thirty (30) days' written notice to ADMINISTERING AGENCY. <br />STATE OF CALIFORNIA City of Santa Ana <br />DEPARTMENT OF TRANSPORTATION <br />By______________________________ By_______________________________ <br />________________________________ _______________________________ <br />Chief, Office of Project Implementation City of Santa Ana <br />Division of Local Assistance Representative Name & Title <br /> (Authorized Governing Body Representative) <br />Date __________________________ Date __________________________ <br />17. No termination notice shall become effective if, within thirty (30) days after <br />receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default <br />involved or, if the default is not reasonably susceptible of cure within said thirty (30) <br />day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure <br />in a manner and time line acceptable to STATE. <br />18. Any such termination shall be accomplished by delivery to ADMINISTERING <br />AGENCY of a Notice of Termination, which notice shall become effective not less <br />than thirty (30) days after receipt, specifying the reason for the termination, the <br />extent to which funding of work under this AGREEMENT and the applicable <br />PROGRAM SUPPLEMENT is terminated and the date upon which such termination <br />becomes effective, if beyond thirty (30) days after receipt. During the period before <br />the effective termination date, ADMINISTERING AGENCY and STATE shall meet to <br />attempt to resolve any dispute. In the event of such termination, STATE may <br />proceed with the PROJECT work in a manner deemed proper by STATE. If STATE <br />terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons <br />stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING <br />AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT <br />and/or STATE-approved finance letter prior to termination, provided, however, <br />ADMINISTERING AGENCY is not in default of the terms and conditions of this <br />AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any <br />PROJECT completion to STATE shall first be deducted from any sum due <br />ADMINISTERING AGENCY. <br />19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and <br />that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, <br />the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement <br />shall prevail over those in this AGREEMENT. <br />20. Without the written consent of STATE, this AGREEMENT is not assignable by <br />ADMINISTERING AGENCY either in whole or in part. <br />21. No alteration or variation of the terms of this AGREEMENT shall be valid unless <br />made in writing and signed by the PARTIES, and no oral understanding or <br />agreement not incorporated herein shall be binding on any of the PARTIES. <br />IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their <br />duly authorized officer. <br />Page of 1614