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• Page 4 of 4 <br /> 12. CONTINGENCY <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 /> andlor Federal, (21 CCLC — Cohort S) 21 Century Community Learning Centers grant <br /> funding for 2011-12 yeaz, 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 /> 13. PAYMENT <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 /> 14. COMPLIANCE <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 /> I5. COMPLETENESS OF AGREEMENT <br /> This agreement constitutes the entire understanding of the parties and any changes shall <br /> be agreed to in writing. <br />