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8A Consent 2009 0105
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8A Consent 2009 0105
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Last modified
12/19/2008 12:32:39 PM
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12/19/2008 12:32:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/5/2009
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PERM
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_CC Agenda 2009 0105
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0105
Reso 2009-001
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to <br />STATE. <br />18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a <br />Notice of Termination, which notice shall become effective not less than thirty (30) days after <br />receipt, specifying the reason for the termination, the extent to which funding of work under this <br />AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon <br />which such termination becomes effective, if beyond thirty (30) days after receipt. During the <br />period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to <br />attempt to resolve any dispute. In the event of such termination, STATE may proceed with the <br />PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for <br />PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of <br />ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING <br />AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to <br />termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and <br />conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the <br />cost of any PROJECT completion to STATE shall first be deducted from any sum due <br />ADMINISTERING AGENCY. <br />19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a <br />project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in <br />that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this <br />AGREEMENT. <br />20. Without the written consent of STATE, this AGREEMENT is not assignable by <br />ADMINISTERING AGENCY either in whole or in part. <br />21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in <br />writing and signed by the PARTIES, and no oral understanding or agreement not incorporated <br />herein shall be binding on any of the PARTIES. <br />IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized <br />officer. <br />STATE OF CALIFORNIA City of San Leandro <br />DEPARTMENT OF TRANSPORTATION <br />By <br />Chief, Office of Project Implementation <br />Division of Local Assistance <br />By <br />City of San Leandro <br />Representative Name & Title <br />(Authorized Governing Body Representative) <br />Date <br />Date <br />Page 14 of 16 <br />
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