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City of Santa Ana <br />Grant Agreement No. 23-155 <br />Page 10 <br />repayment for work partially completed. This paragraph does not limit any other remedies the <br />Conservancy may have for breach of this agreement. <br />Before the project is complete, the grantee may terminate this agreement for any reason by <br />providing the Conservancy with seven days notice in writing and repaying to the Conservancy all <br />amounts disbursed by the Conservancy__under_.this .agreemer�t,__The Conser_vanc_y_may,_ at its sole <br />discretion, consider extenuating circumstances and allow early termination without repayment <br />for work partially completed. <br />The parties expressly agree to waive, release and relinquish the recovery of any consequential <br />damages that may arise oLit of the termination or suspension of this agreement under this section. <br />The grantee shall include in any agreement with any contractor retained for work under this <br />agreement a provision that entitles the grantee to suspend or terminate the agreement with the <br />contractor for any reason on written notice and on the same terms and conditions specified in this <br />section. <br />XIII. OPERATION AND MAINTENANCE <br />The grantee shall use, manage, maintain and operate the project throughout the term of this <br />agreement consistent with the purposes for which the Conservancy's grant was made. The <br />grantee assumes all operation and maintenance costs of these facilities and structures, the <br />Conservancy is not be liable for any cost of maintenance, management, or operation. The <br />grantee may be excused from its obligations for operation and maintenance during the term of <br />this agreement only upon the written approval of the Executive Officer. <br />For purposes of this agreement, "operation costs" include direct costs incurred for material and <br />labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" <br />include ordinary repairs and replacements of a recurring nature necessary to prolong the life of <br />capital assets and basic structures, and the expenditure of funds necessary to replace or <br />reconstruct capital assets or basic structures. <br />XIV. MITIGATION <br />Without the written permission of the Executive Officer, the grantee shall not use or allow the <br />use for mitigation (in other words, to compensate for adverse changes to the environment <br />elsewhere) of any portion of real property on which the Conservancy has funded construction. In <br />providing permission, the Executive Officer may require that all funds generated in connection <br />with any authorized or allowable mitigation on the real property be remitted promptly to the <br />Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the <br />