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Grantee <br />BSCC xxx-26 <br />Page x of x <br />EXHIBIT D: SPECIAL TERMS AND CONDITIONS <br />Rev 04/2020 <br />render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections <br />Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and <br />binding regarding the dispute and the Contractor shall be barred from commencing an action in <br />court, or with the Victims Compensation Government Claims Board, for failure to exhaust <br />Grantee’s administrative remedies. <br />B. Pending the final resolution of any dispute arising under, related to or involving this Grant <br />Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, <br />including the providing of services in accordance with the Grant Agreement. Grantee’s failure to <br />diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall <br />be considered a material breach of this Grant Agreement. <br />C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall <br />be signed by the Executive Director, if an appeal was made. If the Executive Director fails to <br />render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it <br />shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision <br />shall be conclusive and binding regarding the dispute unless the Grantee commences an action <br />in a court of competent jurisdiction to contest such decision within 90 days following the date of <br />the final decision or one (1) year following the accrual of the cause of action, whichever is later. <br />D. The dates of decision and appeal in this section may be modified by mutual consent, as <br />applicable, excepting the time to commence an action in a court of competent jurisdiction. <br />10. UNION ACTIVITIES <br />For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that <br />applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the <br />following: <br />A. No State funds received under the Grant Agreement will be used to assist, promote or deter union <br />organizing. <br />B. Grantee will not, for any business conducted under the Grant Agreement, use any State property <br />to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, <br />promote or deter union organizing, unless the State property is equally available to the general <br />public for holding meetings. <br />C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, <br />Grantee will maintain records sufficient to show that no reimbursement from State funds has been <br />sought for these costs, and that Grantee shall provide those records to the Attorney General upon <br />request. <br />11. WAIVER <br />The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is <br />contrary to law, provided that any such waiver shall be in writing and signed by the party making such <br />waiver.SAMPLE7.C. - Page 98 of 101 <br />157