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<br />Agreement No. GF1934-0 <br /> <br />Page 7 <br />J. Application Incorporation <br /> <br />The Grant Guidelines and the Application and any subsequent changes or additions to the <br />Application approved in writing by the State are hereby incorporated by reference into this <br />Agreement as though set forth in full in this Agreement. <br /> <br />K. Severability <br /> <br />If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not <br />affect other provisions or applications of this Agreement which can be given effect without the <br />invalid provision or application, and to this end the provisions of this Agreement are severable. <br /> <br />L. Waiver <br /> <br />No term or provision hereof will be considered waived by either party, and no breach excused by <br />either party, unless such waiver or consent is in writing and signed on behalf of the party against <br />whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, <br />whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different <br />or subsequent breach by either party. <br /> <br />M. Assignment <br /> <br />Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either <br />in whole or in part. Notwithstanding the foregoing, the Grantee is expressly authorized to fulfill its <br />obligations under this Agreement through subcontracts or subagreements with other public <br />agencies and/or consultants. <br /> <br />N. Disputes <br /> <br />If the Grantee believes that there is a dispute or grievance between Grantee and the State <br />arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve <br />the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at <br />this level, the Grantee shall follow the following procedures: <br /> <br />1. If the issue cannot be resolved informally with the Agency Grants Administrator, the <br />Grantee shall submit, in writing, a grievance report together with any evidence to the <br />Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources <br />Agency. The grievance report must state the issues in the dispute, the legal authority, or <br />other basis for the Grantee’s position and the remedy sought. Within ten (10) working days <br />of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary <br />shall make a determination on the issue(s) and shall respond in writ ing to the Grantee <br />indicating the decision and reasons therefore. Should the Grantee disagree with the <br />Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary <br />for Administration and Finance for the Natural Resources Agency. <br /> <br />2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the <br />Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an <br />attachment, copies of the Grantee’s original grievance report, evidence orig inally <br />submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of <br />appeal must be submitted within ten (10) working days of the receipt of the Deputy <br />Assistant Secretary’s written decision. The Assistant Secretary or designee sha ll, within <br />twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised <br />and shall render a written decision to the Grantee. The decision of the Assistant Secretary <br />or designee shall be final. <br /> <br /> <br />DocuSign Envelope ID: 3B673442-8E80-4C4F-88E5-F627F5B352D2