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<br />Page 4 of 5 <br /> <br />12. CONTINGENCY <br /> <br />Notwithstanding the foregoing, or any language to the contrary, the RCSD and <br />CONTRACTOR agree and acknowledge that this agreement and the parties' respective <br />obligations thereunder are entirely contingent upon the RCSD receipt of. anticipated <br />California Department of Education, (ASES) After School Education and Safety Program <br />and/or Federal, (21 st CCLC - Cohort 5) 21 st Century Community Learning Centers grant <br />funding for 2009-10 year, in an amount sufficient to cover the sum set forth above, this <br />agreement shall be null and void, with no penalty to either party. <br /> <br />13. PAYMENT <br /> <br />The CONTRACTOR shall submit an invoice detailing the services performed during the <br />billing period at the end of each semester. Payment of invoice(s) is subject to the <br />contingency provision on Section 12. The CONTRACTOR is responsible to comply <br />with all state, federal, grant and tax requirements and is the CONTRACTOR'S sole <br />responsibility . <br /> <br />14. COMPLIANCE <br /> <br />This agreement constitutes the entire understanding that the CONTRACTOR will <br />manage the contracted program within the guidelines which includes but not limited to <br />state, federal, region 4 and RCSD for the funding, programmatic, financial, reporting and <br />audit requirements (i.e. Semi-annual attendance reports and audit requirements). In the <br />event of any findings as a result of non-compliance it is the CONTRACTOR <br />responsibility to pay the financial penalties associated with non-compliance. <br /> <br />15. COMPLETENESS OF AGREEMENT <br /> <br />This agreement constitutes the entire understanding of the parties and any changes shall <br />be agreed to in writing. <br /> <br />Initial / <br />