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<br />suspension of all obligations of the State hereunder if in the judgement of the State such failure was due
<br />to no fault of the Grant Recipient In such case, any amount required to settle at minimum cost any
<br />irrevocable obligationS properly incurred shall be eligible for reimbursement under this contract
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<br />4.
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<br />Because the benefit to be derived by the State, from the full compliance by the Grant Recipient with the
<br />terms of this 'contract, is the preservation, protection and net increase in the quantity and quality of
<br />parks, public recreation facilities and/or historical resources available to the people of the State of
<br />California and because such benefit exceeds to an immeasurable and unascertainable extent the amount
<br />of money furnished by the State by way of grant moneys under the provisions of this contract, the Grant
<br />Recipient agrees that payment by the Grant Recipient to the State of an amount equal to the amount of
<br />the moneys disbursed under this contract by the State would be inadequate compensation to the State for
<br />any breach by the Grant Recipient of this contract The applicant further agrees therefore, that the
<br />appropriate remedy in the event of a breach by the Grant Recipient of this contract shall be the specific
<br />performance of this contract, unless otherwise agreed to by the State.
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<br />5.
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<br />Grant recipient agrees that if the Project includes development, final payment may not be made until the
<br />Project conforms substantially with this contract and is a usable recreation facility.
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<br />F. Hold Harmless
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<br />1 . Grant Recipient agrees to waive all claims and recourse against the State including the right to
<br />contribution for loss or damage to persons or property arising from, growing out of or in any way
<br />connected with or incident to this contract except claims arising from the concurrent or sole negligence
<br />of State, its officers, agents, and employees.
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<br />2.
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<br />Grant Recipient agrees to indemnify, hold harmless and defend State, Rs officers, agents and employees
<br />against any and all claims demands, damages, costs, expenses or liability costs arising out of the
<br />acquisition, development, construction, operation or maintenance of the property descnbed as the
<br />Project which claims, demands or causes of action arise under Government Code Section 895.2 or
<br />otherwise except for liability arising out of the concurrent or sole negligence of State, its officers,
<br />agents, or employees.
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<br />3. Grant Recipient agrees that in the event State is named as codefendant under the provisions of
<br />Government Code section 895 et seq., the Grant Recipient shall notify State of such fact and shall
<br />represent State in the legal action unless State undertakes to represent itself as codefendant in such
<br />legal action in which event State shall bear its own litigation.costs, expenses,. and attorney's fees.
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<br />4. Grant Recipient and State agrees that in the event of judgment entered against the State and Grant
<br />. Recipient because of the concurrent negligence of the State and Grant Recipient, their officers, agents,
<br />or employees, an apportionment of liability to pay such judgement shall be made by a court of
<br />competent jurisdiction. Neither party shall request a jury appointment.
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<br />5. Grant Recipient agrees to indemnify, hold harmless and defend the State, its officers, agents and
<br />employees against all claims, demands, costs, expenses or liability costs arising out oflegal actions
<br />pursuant to items to which the Grant Recipient has certified. Grant Recipient acknowledges that ft is
<br />solely responsible for compliance with Items to which R has certified.
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<br />G. Financial Record,
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<br />1.
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<br />Grant Recipient agrees to maintain satisfactory financial accouots, documents and records for the
<br />Project and to make them available to the State for auditing at reasonable times. Grant Recipient
<br />also agrees to retain such financial accounts, documents and records for three years following project
<br />terminstion or completion.
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