AgdaPkt 2008-10-27 Clsd and Reg - Laserfiche WebLink

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6.3A Page 21 Project Sponsor acknowledges and accepts that, pursuant to Paragraph 18 of the State Agreement, if DWR makes a determination applicable only to a portion of the State Grant funds that BACW A, by and through a particular Water Entity, has not substantially complied with the State Agreement's requirements, DWR will notify BACW A of its determination. DWR may thereafter withhold a portion of the State Grant funds applicable to the particular Participating Water Entity in question and require BACW A to immediately repay all or any portion of the State Grant funds that have already been disbursed to it with interest, consistent with DWR's determination. Thus, if Project Sponsor is responsible for DWR's determination to withhold a portion of the State Grant funds pursuant to Paragraph 18 of the State Agreement, then Project Sponsor shall comply with the above sub-paragraph and repay any portion of the State Grant Amount that has already been disbursed to it, with interest, to BACW A for reimbursement to DWR. JfProject Sponsor is not responsible for DWR's determination to withhold a portion of the State Grant funds pursuant to Paragraph 18 of the State Agreement, then Project Sponsor hereby agrees to comply with the requirements of Paragraph 58 of this Implementation Agreement, as applicable. Project Sponsor further acknowledges and accepts that the failure of BACW A, by and through the Participating Water Entities, to repay the requested disbursed State Grant funds to DWR after Paragraph 18 of the State Agreement is triggered, may be considered by DWR to a be a breach of the State Agreement subject to the default provisions thereof. Furthermore, Project Sponsor acknowledges and accepts that if DWR acts under Paragraph 18 of the State Agreement to withhold a portion of the State Grant funds, DWR may require BACW A to submit a revised Work Plan, Schedule, and Budget for DWR's approval before DWR disburses any additional State Grant funds. Project Sponsor therefore agrees to cooperate with BACW A in any way necessary to ensure that it is able to comply with the provisions of Paragraph 18 of the State Agreement. 39. WITHHOLDING ENTIRE OR REMAINING PORTION OF STATE GRANT AMOUNT: If BACW A notifies Project Sponsor of its or DWR's decision to withhold the entire State Grant Amount, or any remaining portion of the State Grant Amount after a portion has already been disbursed, this Implementation Agreement shall terminate upon receipt of such notice by Project Sponsor and shall no longer be binding on either BACW A or Project Sponsor, save and except Project Sponsor's obligations under Paragraph 38, above. 40. RETENTION: Project Sponsor acknowledges and accepts that DWR, hence BACW A, may withhold ten percent (10.0%) of the State Grant funds until the projects to be carried out by the Participating Water Entities are completed and the Participating Water Entities have met the applicable requirements of Paragraphs 24-29, above. Project Sponsor shall be entitled to its ten percent (10.0%) of the State Grant Amount withheld by DWR when it submits its Project Completion Report and it has been accepted by DWR, unless Project Sponsor is the last of the Participating Water Entities to complete its project, in which case Project Sponsor will have to wait until the State Grant Completion Report has {00907092} 17