Page 23 - _ 180314 Special Yucaipa GSA Packet

Grant Agreement No. 46000XXXX
Page 21 of 38

prior written permission of State. State may require that the proceeds from the disposition of any real or
personal property be remitted to State.
D.31) REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the
enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy
of, or limit the application of, any other remedy provided by law.

D.32) RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for
reimbursement of Eligible Project Costs until the Project is completed and Final Project Completion
Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the
Grantee, without interest, upon completion of the Project.

D.33) RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer
programs, operating manuals, notes and other written or graphic work produced in the performance of
this Grant Agreement shall be made available to the State and shall be in the public domain to the
extent to which release of such materials is required under the California Public Records Act. (Gov.
Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form
data and information received, collected and developed under this Grant Agreement, subject to
appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the
materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The
State shall have the right to use any data described in this paragraph for any public purpose.

D.34) SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or
unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as
modified.
D.35) SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or
termination, or both if the State determines that:
a) Grantee, its contractors, or subcontractors have made a false certification, or
b) Grantee, its contractors, or subcontractors violates the certification by failing to carry out the
requirements noted in this Grant Agreement.
D.36) SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind
the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any
part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is
approved by State and made subject to such reasonable terms and conditions as State may impose.

D.37) TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee
may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must
provide a reason(s) for termination. Grantee must submit all progress reports summarizing
accomplishments up until termination date.
D.38) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate
this Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements
of this Grant Agreement at the time and in the manner herein, provided including but not limited to
reasons of default under Paragraph 11.

D.39) TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days
advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the
date of termination.
D.40) THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or
grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation
or understanding established herein.

D.41) TIMELINESS: Time is of the essence in this Grant Agreement.

Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 23 of 226