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If the Grantee expends less than $300 ,000 in State awards in its fiscal year, an audit <br /> conducted in accordance with the provisions of Section 215 . 97, Florida Statutes, is not <br /> required . In the event that the GRANTEE expends less than $300 , 000 in State awards <br /> in its fiscal year and elects to have an audit conducted in accordance with the provisions <br /> of Section 215 . 97, Florida Statutes, the cost of the audit must be paid from non-State <br /> funds (i . e . , the cost of such an audit must be paid from GRANTEE funds obtained from <br /> other than State entities) . <br /> f. Identify an individual or position with the authority to make minor modifications to the <br /> application , if necessary , prior to execution of the agreement . <br /> 11 . The DIVISION agrees to : <br /> a . Provide a grant in accordance with the terms of this agreement in consideration of the <br /> Grantee's performance hereinunder, and contingent upon an annual appropriation by the <br /> Legislature . In the event that the state funds on which this agreement is dependent are <br /> withdrawn , this agreement is terminated and the DIVISION has no further liability to the <br /> Grantee beyond that already incurred by the termination date. In the event of a state <br /> revenue shortfall, Operating Grants shall be reduced in accordance with Section 257 . 195 , <br /> Florida Statutes. <br /> b . Notify the grantee of the grant award after review and approval of required documents. <br /> The grant amount shall be calculated in accordance with Chapter 257 , Florida Statutes <br /> and guidelines for the State Aid to Libraries Grant Program . <br /> c. Distribute grant funds in two payments. The first payment will be requested by the <br /> DIVISION from the Comptroller upon execution of the agreement. The remaining payment <br /> will be made by June 30 . <br /> III . The Grantee and the DIVISION mutually agree that: <br /> a . This instrument embodies the whole agreement of the parties . There are no provisions, <br /> terms , conditions , or obligations other than those contained herein ; and this agreement <br /> shall supersede all previous communications, representation , or agreements either verbal <br /> or written , between the parties. No amendment shall be effective unless reduced in writing <br /> and signed by the parties. <br /> b . The agreement is executed and entered into in the State of Florida , and shall be <br /> construed , performed , and enforced in all respects in accordance with the laws and rales <br /> of the State of Florida . Each party shall perform its obligations hereunder in accordance <br /> with the terms and conditions of this agreement. <br /> c. If any term or provision of the agreement is found to be illegal and unenforceable , the <br /> remainder of the agreement shall remain in full force and effect and such term or provision <br /> shall be deemed stricken . <br /> d . No delay or omission to exercise any right, power, or remedy accruing to either party upon <br /> breach or default by either party under this Agreement shall impair any such right, power, <br /> or remedy of either party ; nor shall such delay or omission be construed as a waiver of any <br /> such breach or default , or any similar breach or default. <br /> e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow <br /> public access to all documents or other materials subject to the provisions of Chapter 119 , <br /> Florida Statutes. <br /> Page 2 of 4 <br />