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.;iry of San Leandro Marina <br />D1-214-5D$ <br />D. Submission of fraudulent invoices or other claim documentation is a breach of <br />this Agreement, which shall result in forfeiture of all funds advanced and provided <br />under this Agreement. <br />E. All requests for payment must be submitted to DBW no later than the 31st <br />day of May of the final year of the contract and/or prior to this Agreement term's <br />ending date. <br />2. Budget Contingency Clause <br />A. It is mutually agreed that if the Budget Act of the current year and/or any <br />subsequent years covered under this Agreement does not appropriate <br />sufficient funds for the program, this Agreement shall be of no further force <br />and effect. In this event, DBW shah have no liability to pay any funds <br />whatsoever to Contractor or to furnish any other considerations under this <br />Agreement and Contractor shalt not be obligated to perform any <br />provisions of this Agreement. <br />B. If funding for any fiscal year is reduced or deleted by the Budget Act for <br />purposes of this program, DBW shall have the option to either cancel this <br />Agreement with no liability occurring to DBW, or offer an agreement <br />amendment to Contractor to reflect the reduced amount. <br />3. Prompt Payment Clause <br />Payment will be made in accordance with, and within the time specified in, <br />Government Code Chapter 4.5. commencing with Section 92?. <br />