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<br />, ' <br />,j <br /> <br />() <br /> <br />Agreement 4600004214 <br />Water Use Efficiency Grant <br />Residential High Efficiency Clothes Washer Rebate Program <br /> <br />this Agreement. Failure or refusal by the Grantee to comply with this provision shall <br />be considered a substantial failure to comply with this Agreement and the State may <br />withhold disbursements to the Grantee or take any other action it deems necessary to <br />protect its interests. <br /> <br />A.16. INSPECTIONS OF PROJECT BY STATE: The State shall have the right to inspect <br />the work being performed at any and all reasonable times during the term of the <br />Agreement. This right shall extend to any subcontracts, and the Grantee shall include <br />provisions ensuring such access in all its contracts or subcontracts entered into <br />pursuant to its Agreement with the State. <br /> <br />A-17. PROHIBITION AGAINST DISPOSAL OF PROPERTY WITHOUT STATE <br />PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, <br />mortgage, hypothecate, or encumber in any manner whatsoever all of any portion of <br />any real or other property necessarily connected or used in conjunction with the <br />Project, or with the Grantee's service of water, without prior permission of the State. <br />The Grantee shall not take any action, induding but not Dmited to actions relating to <br />user fees, charges, and assessments that could adversely affect the ability of the <br />Grantee to meet its obligations under this Agreement, without prior written permission <br />of the State. The State may require that the proceeds from the disposition of any real <br />or personal property be remitted to the State to be applied to the Grantee's <br />indebtedness under this Agreement. <br /> <br />A-la. NO THIRD PARTY RIGHTS: The parties to this Agreement do not intend to create <br />rights in, or granl remedies 10, any third party as a beneficiary of this Agreement, or of <br />any duty, covenant, obligation or undertaking established'herein, <br /> <br />A-19. NOTICES: All nolices that are required either expressly or by implications to be given <br />by one party to the other under this Agreement shall be signed for the Project <br />Manager and for the Grantee by such offlcers, as from time to time, it may authorize in <br />writing to so act. All such notices shall be deemed to have been given if delivered <br />personally or if enclosed in a properly addressed postage-prepaid envelope and <br />deposited in a United States Post Office for delivery by registered or certified mail. <br /> <br />A-20. PERFORMANCE AND ASSURANCES: Grantee agrees to faithfully and expeditiously <br />perform or cause to be performed all Project work as described in the final plans and <br />specifications as submitted or as later amended and approved by the State under this <br />Agreement and to apply State funds received only to Eligible Project Costs and to <br />operate and maintain the Project in accordance with applicable provisions of the law. <br />In the event the State finds it necessary to enforce this provision or any right or power <br />under this Agreement in the manner provided by law, Grantee agrees to pay all costs <br />incurred by the State including, but not limited to, reasonable attomeys' fees, legal <br />expenses, and costs. The State reserves the right to seek further written assurances <br />from the grantee that the work of the Project under this Agreement will be performed <br />consistent with the terms of this Agreement. <br /> <br />13 <br />