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

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6.3A Page 28 entitled to such reasonable costs andlor attorneys' fees as may be ordered by the court. 60. TERMiNATION, IMMEDIATE REPAYMENT, INTEREST: This Implementation Agreement may be terminated by written notice at any time prior to completion of Project, at the option of BACW A, upon violation by Project Sponsor of any material provision of this Implementation Agreement after such violation has been called to the attention of Project Sponsor and after failure of Project Sponsor to bring itself into compliance with the provisions of this Implementation Agreement within a reasonable time as established by BACW A. In the event of such termination, Project Sponsor agrees, upon demand, to immediately repay to BACW A an amount equal to the amount of State Grant funds disbursed to Project Sponsor prior to such termination. In the event of such termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to Project Sponsor to the date offull repayment by Project Sponsor. Project Sponsor also acknowledges and accepts that the State Agreement may be terminated by written notice at any time prior to completion of the various projects to be carried out by the Participating Water Entities, at the option of DWR, upon violation by any of the Participating Water Entities of any material provision of the State Agreement after such violation has been called to the attention of the Water Entity in question and after failure of the Water Entity in question to bring itself into compliance with the provisions of the State Agreement within a reasonable time as established by DWR. Therefore, in the event of such termination, regardless of whether it is the fault of Project Sponsor or one of the other Participating Water Entities, Project Sponsor agrees, upon demand, to immediately repay to BACW A an amount equal to the State Grant Amount disbursed to Project Sponsor prior to such termination of the State Agreement. Project Sponsor further agrees that in the event of such termination, interest shall accrue on all amounts due at the hig.lJ.est legal rate of interest from the date that notice of termination is mailed to Project Sponsor to 1he date of full repayment by Project Sponsor. 61. WAIVER OF RIGHTS: None of the prOVISIOns of this Implementation Agreement shall be deemed waived unless expressly waived in writing. It is the intention of BACW A and Project Sponsor that from time to time either party may waive any of its rights under this Implementation Agreement unless contrary to law. Any waiver by ei1her BACW A or Project Sponsor of rights arising in connection with this Implementation Agreement shall not be deemed to be a waiver with respect to any other rights or matters. and such provisions shall continue in full force and effect l00907092} 24