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DocuSign Envelope ID: 559950F4-C2A7-4C48-AD17-D6B4EF4D5FB6 <br />City of Santa Ana <br />Santa Ana Public Library - Newhope Library Learning <br />Center <br />B F-23-01 1 <br />Page 21 <br />expenditures and obligations up to the date of termination which have not been <br />covered by prior installments previously paid to the Grantee. Upon such <br />termination, the unused portion of the grant award must be returned to the State <br />Library within 45 days. If funding has been advanced to the Grantee, any <br />unobligated balances, as determined by the State Librarian, shall be returned to <br />the State Library within 45 days of the notice of termination. <br />55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between <br />the parties that the Budget and the implementation plan included therein are <br />part of the Agreement. <br />56. Unused Funds: At the end -of -term Grantee agrees to return any unexpended or <br />unaccounted for funds to the State Library, or to submit a written request for an <br />extension of the grant period. Funds will be considered unexpended or <br />unaccounted if they were: (1) not used for their intended purpose, or (2) used <br />inconsistent with the terms of this Agreement. <br />Funds will also be considered unaccounted for, and must be returned, if the <br />proposal outcomes or deliverables are materially incomplete by the end -of -term <br />or earlier termination, as determined by the State Library in its sole discretion. <br />57. Waiver of Rights: The State Library shall not be deemed to have waived any <br />rights under this Agreement unless such waiver is given in writing and signed by <br />State Library. No delay or omission on the part of State Library in exercising any <br />rights shall operate as a waiver of such right or any other right. A waiver by State <br />Library of a provision of this Agreement shall not prejudice or constitute a waiver <br />of State Library's right otherwise to demand strict compliance with that provision <br />or any other provision of this Agreement. No prior waiver by State Library, nor any <br />course of dealing between the State Library and Grantee, shall constitute a <br />waiver of any of State Library's rights or of any of Grantee's obligations as to any <br />future transactions. Whenever the consent of State Library is required under this <br />Agreement, the granting of such consent by State Library in any instance shall <br />not constitute continuing consent to subsequent instances where such consent is <br />required and in all cases such consent may be granted or withheld in the sole <br />discretion of the State Library. <br />58. Work Products: Grantee shall provide the State Library with copies of all final <br />products identified in the Work Plan and Application. Grantee shall also provide <br />the State Library with copies of all public education and advertising material <br />produced pursuant to this Agreement. <br />59. Worker's Compensation: The State of California will not provide Workers' <br />Compensation insurance for Grantee or Grantee's employees or contract <br />