Agmt 2009 California State Coastal Conservancy

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City of San Leandro Grant Agreement No. OS-012, Amendment No. 2 Page 2 EARLY TERMINATION AND FAILURE TO PERFORM This section is renamed: "EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM". The second paragraph of this section is amended to read as follows: During the term, the Conservancy may terminate or suspend the agreement before the project is complete. In either case, the grantee shall immediately stop all work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from the Conservancy authorizes work to resume. A new fourth paragraph is added to this section to read as follows: The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section. TERM OF AGREEMENT In the second paragraph of this section, the "termination date" is changed to October 31, 2015. In the second paragraph of this section, the "completion date" is changed to October 31, 2010. In the second paragraph of this section, the final invoice date" is changed to December 31, 2010. AUTHORIZATION Replace the first sentence of the first paragraph of this section with a sentence to read as follows: The signature of the Executive Officer of the Conservancy on this agreement and on subsequent amendments certifies that at its June 16, 2005, April 27, 2006,