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II. The DIVISION agrees: <br />a. To provide a grant in accordance with the terms of this agreement in consideration of the <br />GRANTEE's performance hereinunder, and contingent upon funding by the Legislature. <br />The State of Florida's performance and obligation to pay under this agreement is contingent <br />upon an annual appropriation by the Legislature. In the event that the state funds on which <br />this agreement is dependent are withdrawn, this agreement is terminated and the state has no <br />fiirther liability to the GRANTEE beyond that already incurred by the termination date. In <br />the event of a state revenue shortfall, the total grant may be reduced accordingly. <br />b. To 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, and <br />guidelines for the. State Aid to Libraries Grant Program. <br />c. To distribute grant funds in two payments. The first payment will be requested by the <br />DIVISION from the Chief Financial Officer upon execution of the agreement. The <br />remaining payment will be made by June 30. <br />d. That any balance of unobligated cash that has been paid to the grantee may be retained for <br />direct program costs in a subsequent period. <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 shall <br />supersede all previous communications, representation, or agreements either verbal or <br />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 construed, <br />performed, and enforced in all respects in accordance with the laws and rules of the State of <br />Florida. Each party shall perform its obligations hereunder in accordance with the terms <br />and conditions of this agreement. If any matter arising out of this Agreement becomes the <br />subject of litigation, venue shall be in Leon County. <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, or <br />remedy of either party; nor shall such delay or omission be construed as a waiver of any such <br />breach or default, or any similar breach or default. <br />State Aid to Libraries Grant Agreement Page 4 of 7 <br />Chapter 1B-2.01 1(2)(a), Florida Administrative Code, Effective xx-xx-xxxx <br />