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FULL PACKET_2011-12-19
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FULL PACKET_2011-12-19
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<br /> <br /> <br /> <br /> 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 /> <br /> (b) Withholding Entire Grant Amount <br /> <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 /> <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 /> <br /> ARTICLE A-$. TIMING OF PROJECT <br /> <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 /> <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 /> I <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 /> <br /> <br /> 11 <br /> <br /> <br /> 55A-29 <br />
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