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ATTY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS <br />REV: 09-01-16 RL <br />Page 14 of 33 <br />this Agreement. <br />i. All requests for payment must be submitted to DBW no later than 45 days prior to <br />the expiration date of the agreement. DBW is not obligated to make payment on <br />any reimbursement request(s) received or for any services completed after this <br />date. <br />27. BUDGET CONTINGENCY CLAUSE <br /> <br />A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent <br />years covered under this Agreement does not appropriate sufficient funds for the <br />program; this Agreement shall be of no further force and effect. In this event, DBW <br />shall have no liability to pay any funds whatsoever to Grantee or to furnish any other <br />considerations under this Agreement and Grantee shall not be obligated to perform <br />any provisions of this Agreement. <br />B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of <br />this program, DBW shall have the option to either cancel this Agreement with no <br />liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the <br />reduced amount. <br />28. INDEMNIFICATION <br /> <br />Grantee shall be responsible for, and DPR shall not be answerable or accountable in any <br />manner for, any loss or expense by reason of any damage or injury to person or property, or <br />both, arising out of or related in any way to activities carried out by Grantee, its agents, <br />officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall <br />protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees <br />against any and all actions, claims, and damages to persons or property, penalties, <br />obligations and liabilities that may be asserted or claimed by any person, firm, association, <br />entity, corporation, political subdivision, or other organization or person arising out of or in <br />connection with Grantee or Grantee’s contractor’s or subcontractor’s activities hereunder, <br />whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, <br />and/or employees. <br />6.1.M. - Page 16