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San Leandro Public Library <br />Main Branch Library <br /> 2021-2022 BF-1-21-231 <br /> Page 12 <br /> <br />sanctioned individuals or entities, that shall be grounds for termination of this <br />agreement. The State shall provide Grantee advance written notice of such <br />termination, allowing Grantee at least 30 calendar days to provide a written <br />response. Termination shall be at the sole discretion of the State. <br />11. Extension: The State Librarian or designee may extend the final deadline for <br />good cause. The Grantee’s request for an extension of the grant period must be <br />made in writing and received by the California State Library at least 30 days prior <br />to the final deadline. <br />12. Failure to Perform: The grant being utilized by the Grantee is to benefit the SAN <br />LEANDRO PUBLIC LIBRARY - Main Branch Library Project. If the Grant Monitor <br />determines the Grantee has not complied with this Agreement, the Grantee <br />may forfeit the right to reimbursement of any grant funds not already paid by the <br />California State Library, including, but not limited to, the ten percent (10%) <br />withheld. <br />13. Federal and State Taxes: The State Library shall not: <br />a. Withhold Federal Insurance Contributions Act (FICA) payments from <br />Grantee’s payments or make FICA payments on the Grantee’s behalf; <br />or <br />b. Make Federal or State unemployment insurance contributions on <br />Grantee’s behalf; or <br />c. Withhold Federal or State income taxes from Grantee’s payments <br />Grantee shall pay all taxes required on payments made under this Agreement <br />including applicable income taxes and FICA. <br />14. Force Majeure: Neither the State Library nor the Grantee, its contractors, vendors, <br />or subcontractors, if any, shall be responsible hereunder for any delay, default, or <br />nonperformance of this Agreement, to the extent that such delay, default, or <br />nonperformance is caused by an act of God, weather, accident, labor strike, <br />fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies <br />unforeseen by the State Library or the Grantee, its contractors, vendors, or <br />subcontractors, and beyond the reasonable control of such party. <br />15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant <br />funds are not expended, or have not been expended, in accordance with this <br />Agreement, the State Librarian or designee, at his or her sole discretion, may <br />take appropriate action under this Agreement, at law or in equity, including <br />requiring the Grantee to forfeit the unexpended portion of the grant funds, <br />including, but not limited to, the ten percent (10%) withhold, and/or to repay to <br />the State Library any funds improperly expended. <br />16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its <br />employees and contract personnel are eligible to participate in any employee DRAFT