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both CITY and CONTRACTOR. <br />XIII. <br />FRAUD <br />CONTRACTOR shall immediately report to CITY all instances and facts <br />concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds <br />under this Agreement. <br />XIV. <br />CONTINGENCY OF FUNDS <br />CONTRACTOR acknowledges that approval of and funding for this Agreement <br />is contingent upon State approval, and funds received or obligated from the State of California <br />to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall <br />immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, <br />CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary <br />modification to this Agreement and /or reimbursement of costs incurred hereunder. <br />XV. <br />TERMINATION <br />This Agreement may be terminated by either party at its sole discretion, upon <br />thirty (30) days written notice to the other party. Notice shall be deemed served on the date of <br />mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will <br />result to any participant. <br />XVI. <br />DISPUTES <br />Except as otherwise provided in this Agreement, any dispute concerning any <br />question arising under this Agreement shall be decided by CITY. In such a case CITY shall <br />reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. <br />The decision of the City shall be final and conclusive unless within thirty (30) calendar days <br />from the mailing or delivery of such copy, CITY receives from CONTRACTOR written <br />request to appeal said decision. <br />Procedures governing the appeal shall be prescribed by CITY and /or the State <br />of California in accordance with the Act and all corresponding regulations and OMB circulars. <br />Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's <br />decision unless the dispute involves a change order. <br />19D-63 59 <br />