Agmt 2004 ABAG - Laserfiche WebLink

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V. EXPENDITURE OF FUNDS ANI~ ALLOCATION OF FJNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the ~ approved Project Budget. The allocation of ABAG's total grant among the items in the Project Budget may vary by as much as ten percent (10%) without approval by ABAG. Any difference of more than ten percent (10%) must be approved in writing by ABAG. ABAG may withhold payment. for changes in particular budget items which exceed the amount allocated in the Project Budget by more than ten percent (10 %) and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for .any particular budget item shall mean a decrease in the funding for one or more other budget .items unless there ils a written amendment to this agreement. VI. PROJECT COMPLETION - The grantee shall complete the Project by the completion date provided .in the "TERM OF AGREEMENT" section, above. Upon completion of the Project, the gz~antee shall supply ABAG with two copies of evidence of completion by submitting: (1) any other work .products specified in the work program for the Project; and (2) a fully executed final "Request for Disbursement" farm. Within forty-five (45) days of grantee's compliance with this paragraph, ABAG shall determine whether .the Project has, been -satisfactorily completed. If ABAG determines that the Project has been satisfactorily completed, ABA~G shall issue to the grantee aletter- of acceptance of the Project. The Project shall be deemed complete as of the date of the letter of acceptance.. VII. _ _EAR)~,_Y_ TERMINATION AND FAILURE TO PERFORM If the grantee fails to complete the- Project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, -the grantee shall be Liable for immediate repayment to ABAG of all amounts disbursed by ABAG under this agreement. ABAG may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies ABAG may have for breach of this agreement: vln. LIABILITY The grantee shall be responsible for, indemnify and save harmless ABAG, the Bay Trail Project and State of California ("the State"), their members, directors, officers, agents and employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active neg~igence'of ABAG, its members, directors, officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. PusLlc.El~'1<'t'rY Gx.4iv~rEES: This agreement .supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.b) as set forth in Gov. Code Section 895.4. S Planning Grant Agreement - 2001