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<br />() <br />~ J~. 1.~.l.-jJU5 'I: lCHM .... "lWU <br /> <br />, , <br />~..j <br /> <br />NO.318 P.ll <br /> <br />Agreement No. 4600003098 <br />A-19. NOTICES: AU notlces t!1at are required eithar expressly or by implications to ba given by ana <br />party to the otnsr undar this Agreamsnt shall be signed for the State by lis contracting ofl!cer and for <br />the Grantee by such ofl!cers, as from Uma to time, it may alJthoriZl!! In wrilfng to 50 act All such <br />notices shall be deemed to have been given if delivered personalTy or If enclosed In a properly <br />addreSlled postage-prepaid envelope and deposited in a United Slates Post Ofl!ca for delivery by <br />r~lstered or certilled mall. <br /> <br />A-ZO. PERFORMANCE AND ASSURANCES: Grantee agrees to faithftllly and expedltlolJslY perfalT'll <br />or cause to be performed all Project wori< as described in the final plans and speciflc:aUons as <br />submitted or as later amended and approved by the Slate under this Agreement and to apply State <br />funds nlCalved only to Eligible Project Coslll and to operate and maintain the Project In accordance <br />with applicable provisions of the law. In the ewnt the Stale finds it necessary to enforce this <br />provision or any right or power under this Agreement In the manner provided by law, Grantee ag_ <br />Io pay an cosllllnclJlTlId by the State InclUding, but not limited to. reasonable attomeys' feee, legat <br />expenses. and coslll. The State reserves the rigilt to seek further written assurances from the <br />grentee that the wor1c of lhe Project under lhlS Agreement will be perfolT11ed COllslstent with the <br />teIT11. of this Agreement <br /> <br />A-21. SEVERABIliTY: In the event that any provision of this Agreement Is unenforceable or held to <br />be unenforceable, then the pardes agree that all other provisions of this Agreement have force and <br />effect and shall not be affected thereby. <br /> <br />A-22. WAIVER OF RIGHTS: None of lhe proviSions of this Agreement shall be deemed wa/vEld <br />unless expressly waived In writlng. It Is the Intention of II1s pardn hereto that from lime to lime <br />elthar party may waive any of Its righls undar thlll Agreement unless contrary to law. Any walvar by <br />either party htlnato of rtghls ariSing In connection with this Agreement shell not be deemed to be a. <br />walvarwith respect 11) any other righls or maltenl, and such provisions Shall contlnue In full forcs and <br />effect <br /> <br />A-23. TERMINATION WITHOUT CAUSE: The Slate maytermlnata thl. Agreernentwithoutc:alJlls <br />on 30 days advance Written nollce. The Grantee shaR be reimbursed for all reasonable expenses <br />InculTlld up to the date of temlnatlon. <br /> <br />A-24. TERMlNA TlON FOR CAUSe: The State may terminate thl. Agreement and be relieved of <br />any payments should the Grantee fall to perfonn the requ/remenls of this Agreement at the Ume and <br />In ths manner heraln provided Including but not limited to raasons of defelJlt under .011-25. <br /> <br />A.25.0EFAUL T PROVISIONS: <br /> <br />(a )Ths grantee will be In default uncler this agreement If any of the follOWing occur: <br /> <br />1. Substantlal breech 01 this Agreement, or any supplement or amendment to It. or <br />any othar agreement between the Grentee and the Slate evldencfng or securing <br />the Grantee's obllgatlons: <br /> <br />2. Makfng any false warranty, representation. or statement. with respect to this <br />Agreement; FalJuna to make any remittance required by thIs Agreement <br /> <br />3. Failure to make any remittance required by thIs Agreement. <br />(b) Should an event of defaUlt occur, the State may do any or all of the following: <br />11 Revised Ill127A:l3 <br />