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55A - RESOLUTION - DIAMOND PARK MUTUAL WATER COMPANY
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12/19/2011
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55A - RESOLUTION - DIAMOND PARK MUTUAL WATER COMPANY
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Last modified
1/3/2012 3:36:32 PM
Creation date
12/16/2011 3:06:20 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55A
Date
12/19/2011
Destruction Year
2016
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Supplier's Name <br />Funding Agreement No. 84 <br />Page 11 of 20 <br />give written notice of such failure to comply. if Supplier does not cure any such failure <br />to State's satisfaction within thirty (30) calendar days of receipt of such notice, State <br />may withhold from the Supplier all or any portion of the grant funding and take any <br />other action that it deems necessary to protect its interests, including but not limited to <br />declaring Supplier in default as set forth in Article A-24, or canceling this Agreement <br />pursuant to Subpart (b) of this Article A-7. <br />(b) Withholding Entire Grant Amount <br />If State determines to withhold the entire Grant Amount from Supplier pursuant <br />to Subpart (a) of this Article A-7, notice of such a determination shall constitute a notice <br />of cancellation of this Agreement, and this Agreement shall no longer be binding on any <br />party hereto. Said Notice of Cancellation shall be sent to Supplier by certified or <br />registered mail, and shall be effective upon receipt. <br />(c) Withholding Balance of Grant Amount <br />When a portion of the grant amount has been disbursed to Supplier and State <br />determines to withhold funding, State will notify Supplier.in writing, via certified or <br />registered mail, that State is withholding the balance of the funding from Supplier, <br />pursuant to Subpart (a) of this Article A-7. In such event, Supplier will be deemed to be <br />in default and subject to the provisions of Article A-24. <br />ARTICLE A-$. TIMING OF PROJECT <br />Supplier agrees to proceed expeditiously, and shall meet a Project Completion Date of <br />not later than . Supplier's failure to meet said Project Completion <br />Date may, at the option of State, be considered a material breach of agreement and <br />may be treated as a default under Article A-24. The facility shall not be placed into <br />operation until State has conducted a final inspection and notifies Supplier in writing <br />that the Project is complete. <br />When the Project is complete, Supplier shall certify to State that the Project is <br />complete in accordance with the approved plans and specifications and ready for final <br />inspection by State. The date of such certification by Supplier shall be the Project <br />Completion Date for purposes of this Agreement. <br />ARTICLE A-9. SUPPLIER'S CONTRACTS <br />Supplier shall be solely responsible for resolution of any and all disputes arising <br />out of or related to Supplier's construction and contracts for construction of the Project, <br />including but not limited to bid disputes and payment disputes with Supplier's <br />contractors and subcontractors and shall provide appropriate releases (as set forth in <br />California Civil Code Title 15) as may be requested by State. <br />11 <br />55A-29
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