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Exhibit D <br />Special Terms and Conditions <br />1. Disputes: Any dispute concerning a question of fact arising under this contract which is not <br />disposed of by agreement shall be decided by the Director, Department of Alcoholic <br />Beverage Control, or designee, who shall reduce his decision to writing and mail or <br />otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be <br />final and conclusive unless, within 30 days from the date of receipt of such copy, the <br />Contractor mails or otherwise furnishes to the State a written appeal addressed to the <br />Director, Department of Alcoholic Beverage Control. The decision of the Director of <br />Alcoholic Beverage Control or his duly authorized representative for the determination of <br />such appeals shall be final and conclusive unless determined by a court of competent <br />jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as <br />necessarily to imply bad faith, or not supported by substantial evidence. In connection with <br />any appeal proceeding under this clause, the contractor shall be afforded an opportunity to <br />be heard and to offer evidence in support of its appeal. Pending final decision of a dispute <br />hereunder, Contractor shall proceed diligently with the performance of the contract and in <br />accordance with the decision of the State. <br />2. Termination Without Cause: Either party may terminate this agreement at any time for any <br />reason upon ten (10) days written notice. No penalty shall accrue to either party because of <br />contract termination. <br />3. Contract Validity: This contract is valid and enforceable only if adequate funds are <br />appropriated in Item 2100-101-3036, Budget Act of 2015, for the purposes of this program. <br />4, Contractor Certifications: By signing this agreement, Contractor certifies compliance with <br />the provisions of CCC 307, Standard Contractor Certification Clauses. This document may <br />be viewed at http://www.dgs.ca,gov/ols/Resources/StandardContractLanauaye.aspx . <br />5. If the State determines that the grant project is not achieving its goals and objectives on <br />schedule, funding may be reduced by the State to reflect this tower level of project activity. <br />Updated 1/29/15 <br />