Common use of Default Provisions Clause in Contracts

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. Failure to routinely invoice the State pursuant to Paragraph 7. vi. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. Terminate any obligation to make future payments to the Grantee. iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 5 contracts

Sources: Professional Services, Grant Agreement, Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. H. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. I. Terminate any obligation to make future payments to the Grantee. iii. J. Terminate the Grant Agreement. iv. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 4 contracts

Sources: Grant Agreement, Grant Agreement, Local Project Sponsor Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement Agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph Standard Condition D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. H. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. I. Terminate any obligation to make future payments to the Grantee. iii. J. Terminate the Grant Agreement. iv. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 3 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure ▇▇▇▇▇▇▇ to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure ▇▇▇▇▇▇▇ to submit quarterly progress reports pursuant to Paragraph 48. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. Failure ▇▇▇▇▇▇▇ to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 3 contracts

Sources: Construction Contract, Grant Agreement, Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 48. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 3 contracts

Sources: Construction Contract, Professional Services, Professional Services

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. F. Failure to routinely invoice the State pursuant to Paragraph 7. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. H. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. I. Terminate any obligation to make future payments to the Grantee. iii. J. Terminate the Grant Agreement. iv. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. Failure to routinely invoice the State pursuant to Paragraph 7. vi. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding to be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. Terminate any obligation to make future payments to the Grantee. iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Sources: Subrecipient Agreement, Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. Failure to routinely invoice the State pursuant to Paragraph 7. vi. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. Terminate any obligation to make future payments to the Grantee. iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Default Provisions. The Grantee will Subrecipient shall be in default under this Grant Agreement if any of the following occur: A. 1. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee Subrecipient and the State Vina GSA evidencing or securing the GranteeSubrecipient’s obligations;. i. 2. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii3. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii4. Failure to make any remittance provide required by submissions pursuant to this Grant Agreement, including any remittance recommended submission or documentation requested as the a result of an audit conducted pursuant to Paragraph D.5Section 7. iv5. Failure to submit quarterly invoice progress reports pursuant to Paragraph 4. v. 6. Failure to routinely invoice the State Vina GSA pursuant to Paragraph 7. vi7. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii8. A determination pursuant to Government Code section 11137 that the Grantee Subrecipient has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. . Should an event of default occur, the State Vina GSA shall provide a notice of default to the Grantee Subrecipient and shall give the Grantee Subrecipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeSubrecipient. If the Grantee Subrecipient fails to cure the default within the time prescribed by the StateVina GSA, the State Vina GSA may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. a. Terminate any obligation to make future payments to the GranteeSubrecipient. iii. b. Terminate the Grant Agreement. iv. c. Take any other action that it deems necessary to protect its interests. In the event the State Vina GSA finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee Subrecipient agrees to pay all costs incurred by the State Vina GSA including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Subrecipient Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. F. Failure to routinely invoice the State pursuant to Paragraph 7State. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure ▇▇▇▇▇▇▇ to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5. iv. Failure ▇▇▇▇▇▇▇ to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. Failure ▇▇▇▇▇▇▇ to meet any of the requirements set forth in Paragraph 1012, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. F. Failure to routinely invoice the State pursuant to Paragraph 7State. vi. G. Failure to meet any of the requirements set forth in Paragraph 1012, “Continuing Eligibility.” vii. H. A determination pursuant to Government Code section 11137 that the Grantee Funding Recipient has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. . Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee ▇▇▇▇▇▇▇ agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 48. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeGrantee or electronic mail. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure ▇▇▇▇▇▇▇ to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5. iv. Failure ▇▇▇▇▇▇▇ to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. Failure ▇▇▇▇▇▇▇ to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. c) Failure of Grantee or a Local Project Sponsor receiving grant funding through this Grant Agreement to adopt, no later than 2 years after the State executes the Grant Agreement, an IRWM Plan that meets the requirements contained in Part 2.2 of Division 6 of the CWC, commencing with Section 10530. d) Failure to operate or maintain the Project projects in accordance with this Grant Agreement. iii. e) Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. f) Failure to comply with Labor Compliance Program requirements (Paragraph 18). g) Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. h) Failure to routinely invoice the State pursuant to Paragraph 7State. vi. i) Failure to meet any of the requirements set forth in Paragraph 1015, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. Terminate any obligation to make future payments to the Grantee. iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee (and a Local Project Sponsor receiving grant funding through this Grant Agreement) will be in default under this Grant Agreement if any of the following occur: A. a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. c) Failure to operate or maintain the Project project(s) in accordance with this Grant AgreementAgreement (Paragraph 18). iii. d) Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. e) Failure to comply with Labor Compliance Program requirements (Paragraph 16). f) Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. g) Failure to routinely invoice the State pursuant to Paragraph 7State. vi. h) Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. a) Declare the funding be immediately repaid, with interest, which shall be equal to at the State of California general obligation bond interest rate in effect at the time the State notifies the Grantee of the default. ii. b) Terminate any obligation to make future payments to the Grantee. iii. c) Terminate the Grant Agreement. iv. d) Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee ▇▇▇▇▇▇▇ agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. F. Failure to routinely invoice the State pursuant to Paragraph 7. vi. G. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. H. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. . Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. F. Failure to routinely invoice the State pursuant to Paragraph 7. vi. G. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. H. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. I. Terminate any obligation to make future payments to the Grantee. iii. J. Terminate the Grant Agreement. iv. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. Failure to routinely invoice the State pursuant to Paragraph 7. vi. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State State, including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Subrecipient Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. 1. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. 2. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii3. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii4. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the a result of an audit conducted pursuant to Paragraph D.5D. 5. iv5. Failure to comply with Labor Compliance Plan requirements. 6. Failure to submit quarterly progress reports pursuant to Paragraph 48. v. 7. Failure to routinely invoice the State pursuant to Paragraph 78. vi8. Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. 9. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii10. Terminate any obligation to make future payments to the Grantee. iii11. Terminate the Grant Agreement. iv12. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will considers the Subgrantee to be in default under this Grant Agreement if any of the following occur: A. 1. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State Subgrantee evidencing or securing the GranteeSubgrantee’s obligations; i. 2. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this the Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii3. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv4. Failure to comply with Labor Compliance Plan requirements. 5. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. 6. Failure to routinely invoice the State Grantee pursuant to Paragraph 7. vi7. Failure to meet any of the requirements set forth repay disbursed Grant Funds as provided in Paragraph 10, “Continuing Eligibility.” vii8. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State Grantee shall provide a notice of default to the Grantee Subgrantee and shall give the Grantee Subgrantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeSubgrantee. If the Grantee Subgrantee fails to cure the default within the time prescribed by the StateGrantee, the State Grantee may do any of the following: i. 1. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii2. Terminate any obligation to make future payments to the GranteeSubgrantee. iii3. Terminate the Grant this Agreement. iv4. Take any other action that it deems necessary to protect its interests. In the event the State Grantee finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee Subgrantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Subgrant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 75. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement Agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph Standard Condition D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Funding Agreement if any of the following occur: A. Substantial breaches of this Grant Funding Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Funding Agreement or the application filed to obtain this Grant Funding Agreement; ii. C. Failure to operate or maintain the Project project in accordance with this Grant Funding Agreement. iii. D. Failure to make any remittance required by this Grant Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. F. Failure to routinely invoice the State pursuant to Paragraph 7State. vi. G. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. H. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.,; Civil Code sections 51- 51-54.2, inclusive; or any regulations adopted to implement these sections. B. . Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Funding Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Funding Agreement in the manner provided by law, the Grantee ▇▇▇▇▇▇▇ agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Funding Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. ; B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure ▇▇▇▇▇▇▇ to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure ▇▇▇▇▇▇▇ to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 75. vi. Failure ▇▇▇▇▇▇▇ to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. F. Failure to routinely invoice the State pursuant to Paragraph 7. vi. G. Failure to meet any of the requirements set forth in Paragraph 1011, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. H. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. I. Terminate any obligation to make future payments to the Grantee. iii. J. Terminate the Grant Agreement. iv. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. C. Failure to operate or maintain the Project project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5H.5. iv. E. Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. F. Failure to routinely invoice the State pursuant to Paragraph 7State. vi. G. Failure to meet any of the requirements set forth in Paragraph 10, 11 “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;agreement. ii. C. Failure to operate or maintain the Project project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5H.5. iv. E. Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. F. Failure to routinely invoice the State pursuant to Paragraph 7State. vi. G. Failure to meet any of the requirements set forth in Paragraph 10, 11 “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee and any Local Project Sponsor receiving grant funding through this Grant Agreement will be in default under this Grant Agreement if any of the following occur: A. a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. c) Failure to operate or maintain the Project project(s) in accordance with this Grant AgreementAgreement (Paragraph 17). iii. d) Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. e) Failure to comply with Labor Compliance Program requirements (Paragraph 15). f) Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. g) Failure to routinely invoice the State pursuant to Paragraph 7State. vi. h) Failure to meet any of the requirements set forth in Paragraph 1012, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. 1) Declare the funding be immediately repaid, with interest, which shall be equal to at the State of California general obligation bond interest rate in effect at the time the State notifies the Grantee of the default. ii. 2) Terminate any obligation to make future payments to the Grantee. iii. 3) Terminate the Grant Agreement. iv. 4) Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. c) Failure of Grantee or a Local Project Sponsor receiving grant funding through this Grant Agreement to adopt, no later than 2 years after the State executes the Grant Agreement, an IRWM Plan that meets the requirements contained in Part 2.2 of Division 6 of the CWC, commencing with Section 10530. d) Failure to operate or maintain the Project project(s) in accordance with this Grant Agreement. iii. e) Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. f) Failure to comply with Labor Compliance Program requirements (Paragraph 18). g) Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. h) Failure to routinely invoice the State pursuant to Paragraph 7State. vi. i) Failure to meet any of the requirements set forth in Paragraph 1015, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. Terminate any obligation to make future payments to the Grantee. iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will considers the Subgrantee to be in default under this Grant Agreement if any of the following occur: A. 1. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State Subgrantee evidencing or securing the GranteeSubgrantee’s obligations; i. 2. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this the Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii3. Failure to make any remittance required by this Agreement. 4. Failure to comply with Labor Compliance Plan requirements of the Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv5. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. 6. Failure to routinely invoice the State Grantee pursuant to Paragraph 7. vi7. Failure to meet any of the requirements set forth repay disbursed Grant Funds as provided in Paragraph 10, “Continuing Eligibility.” vii8. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State Grantee shall provide a notice of default to the Grantee Subgrantee and shall give the Grantee Subgrantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeSubgrantee. If the Grantee Subgrantee fails to cure the default within the time prescribed by the StateGrantee, the State Grantee may do any of the following: i. 1. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii2. Terminate any obligation to make future payments to the GranteeSubgrantee. iii3. Terminate the Grant this Agreement. iv4. Take any other action that it deems necessary to protect its interests. In the event the State Grantee finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee Subgrantee agrees to pay all costs incurred by the State Grantee including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Subgrant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5. iv. E. Failure to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. G. Failure to meet any of the requirements set forth in Paragraph 1012, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. B. Terminate any obligation to make future payments to the Grantee. iii. C. Terminate the Grant Agreement. iv. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. C. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure ▇▇▇▇▇▇▇ to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure ▇▇▇▇▇▇▇ to submit quarterly progress reports pursuant to Paragraph 45. v. F. Failure to routinely invoice the State pursuant to Paragraph 78. vi. Failure ▇▇▇▇▇▇▇ to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-first- class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. H. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. ii. I. Terminate any obligation to make future payments to the Grantee. iii. J. Terminate the Grant Agreement. iv. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; i. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. Failure to submit quarterly progress reports pursuant to Paragraph 4. v. Failure to routinely invoice the State pursuant to Paragraph 7. vi. Failure to meet any of the requirements set forth in Paragraph 10, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. Terminate any obligation to make future payments to the Grantee. iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State State, including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee and any Local Project Sponsor receiving grant funding through this Grant Agreement will be in default under this Grant Agreement if any of the following occur: A. a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. i. b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. ii. c) Failure to operate or maintain the Project project(s) in accordance with this Grant AgreementAgreement (Paragraph 18). iii. d) Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. iv. e) Failure to comply with Labor Compliance Program requirements (Paragraph 16). f) Failure to submit quarterly timely progress reports pursuant to Paragraph 4reports. v. g) Failure to routinely invoice the State pursuant to Paragraph 7State. vi. h) Failure to meet any of the requirements set forth in Paragraph 1013, “Continuing Eligibility.” vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. 1) Declare the funding be immediately repaid, with interest, which shall be equal to at the State of California general obligation bond interest rate in effect at the time the State notifies the Grantee of the default. ii. 2) Terminate any obligation to make future payments to the Grantee. iii. 3) Terminate the Grant Agreement. iv. 4) Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Local Project Sponsor Agreement