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2006-306
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2006-306
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2. Termination for convenience. The Department or the Grantee may terminate the grant in <br /> whole or in part when both parties agree that the continuation of the Project would not <br /> produce beneficial results commensurate with the further expenditure of funds. The two <br /> parties will agree upon the termination conditions, including the effective date, and in the case <br /> of partial terminations, the portion to be terminated. <br /> 3 . Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to <br /> the first payment on the grant although the Department must be notified in writing prior to <br /> cancellation. After the initial payment, the Project may be terminated, modified, or amended <br /> by the Grantee only by mutual agreement of the Grantee and the Department. Request for <br /> termination prior to completion must fully detail the reasons for the action and the proposed <br /> disposition of the uncompleted work. <br /> 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the <br /> terminated portion after the notification of the effective date of termination. The Grantee will <br /> cancel as many outstanding obligations as possible. The Department will allow full credit to <br /> the Grantee for the Departmen4s share of the noncancelable obligations properly incurred by <br /> the Grantee prior to termination. Costs incurred after the effective date of the termination will <br /> be disallowed. <br /> XII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau <br /> of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray <br /> Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to Indian <br /> River County Board of County Commissioners, 1840 25th Street, Vero Beach, Florida 32960-3365 , for the <br /> Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of <br /> address, all notices shall be deemed delivered if sent to the above address. <br /> XHI. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or <br /> increases the limits of its liability, upon entering into this contractual relationship. <br /> XIV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no <br /> provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall <br /> supersede all previous communications, representations or agreements, either verbal or written, between the <br /> parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in <br /> writing and properly executed by the parties. <br />
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