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<br />6.3A <br />Page 29 <br /> <br />REMAINING GENERAL TERMS AND CONDITIONS <br /> <br />62. STATE BUDGET CONTINGENCY: Project Sponsor acknowledges and accepts <br />that if the State Budget Act of the current year andlor any subsequent years <br />covered by this Implementation Agreement does not appropriate sufficient funds <br />for the projects to be carried out by each of the Participating Water Entities, <br />including Project Sponsor's Project, this Implementation Agreement shall be of <br />no force and effect. State appropriation of funds shall be construed as a condition <br />precedent to the obligation of BACW A to make any payments under this <br />Implementation Agreement. In this event, BACW A shall have no liability to pay <br />any funds whatsoever to Project Sponsor or to furnish any other consideration <br />under this Implementation Agreement and Project Sponsor shall not be obligated <br />to perf OInt any provisions of this Implementation Agreement. Nothing in this <br />Implementation Agreement shall be construed to provide Project Sponsor with a <br />right of priority for payment over any of the other Participating Water Entities. If <br />funding for any fiscal year is reduced or deleted by the State Budget Act for <br />purposes of the program contemplated by the State Agreement, BACW A shall <br />have the option to either cancel this Implementation Agreement with no liability <br />occurring to BACW A, or offer an Implementation Agreement amendment to <br />Project Sponsor to reflect the reduced amount. <br /> <br />63. INDEPENDENT CAPACITY: Project Sponsor, and the agents and employees of <br />Project Sponsor, if any, in the performance of this Implementation Agreement, <br />shall act in an independent capacity and not as officers, employees, or agents of <br />BACW A. <br /> <br />64. OPINIONS AND DETERMINATIONS: BACWA and Project Sponsor agree <br />that review or approval of any Project-related applications, documents, pennits, <br />plans, and specifications or other Project-related information by BACW A is for <br />administrative purposes only and does not relieve Project Sponsor of its <br />responsibility to properly plan, design, construct, operate, maintain, implement, or <br />otherwise carry~out Project. <br /> <br />65. CLAIMS BY PROJECT SPONSOR: Any claim that Project Sponsor may have <br />regarding the perfoooance of this Implementation Agreement, including but not <br />limited to claims for additional compensation or extension of time, shaH be <br />submitted to BACW A's Project Manager within thirty (30) days of Project <br />Sponsor's knowledge of the claim. BACW A and Project Sponsor shall then <br />attempt to negotiate a resolution of such claim and process an amendment to this <br />Implementation Agreement to carry-out the teoos of any such resolution. <br /> <br />66. NOTICES: Any notice, demand, request, consent, or approval that either <br />BACW A or Project Sponsor desires or is required to give to the other party under <br />this Implementation Agreement shall be in writing. Notices may be sent by any <br />of the following means: (a) by delivery in person; (b) by certified U.S. mail, <br />return receipt requested, postage prepaid; (c) by "overr.ight" delivery service by a <br />recognized courier service, provided that next-business-day delivery is requested <br /> <br />{009070lJ2j 25 <br />