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DocuSign Envelope ID:4B8E736F-8867-42CF-A595-F4DE6CBC3F74 <br /> Pleasanton Public Library <br /> English as a Second Language Services <br /> 2023-2024 ESL21-3-34 <br /> Page 20 of 27 <br /> be limited to, monitoring the use of grant funds, provide technical assistance <br /> when needed, and to visit the State funded project. <br /> 54.Termination: The Agreement shall be subject to termination by the State <br /> Librarian or designee upon notice to the Grantee at least thirty (30) days prior to <br /> the effective date of termination. In the event this agreement is terminated, the <br /> Grantee shall deliver to the State Librarian copies of all reports, accounting, <br /> data, and materials prepared up to the date of termination. The State Librarian <br /> shall determine and pay the Grantee for necessary and appropriate <br /> expenditures and obligations up to the date of termination which have not been <br /> covered by prior installments previously paid to the Grantee. Upon such <br /> termination, the unused portion of the grant award must be returned to the <br /> California State Library within 45 days. If funding has been advanced to the <br /> Grantee, any unobligated balances, as determined by the State Librarian, shall <br /> be returned to the State Library within 45 days of the notice of termination. <br /> 55.Timeline: Time is of the essence to this Agreement. It is mutually agreed <br /> between the parties that the grant application and the timeline included therein <br /> are part of the Agreement. <br /> 56. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or <br /> unaccounted for funds to the State Library, or to submit a written request for an <br /> extension of the grant period. Funds will be considered unexpended or <br /> unaccounted if they were: (1) not used for their intended purpose, or (2) used <br /> inconsistent with the terms of this Agreement. <br /> Funds will also be considered unaccounted for, and must be returned, if the <br /> proposal outcomes or deliverables are materially incomplete by the end-of-term <br /> or earlier termination, as determined by the State Library in its sole discretion. <br /> 57.Waiver of Rights: California State Library shall not be deemed to have waived <br /> any rights under this Agreement unless such waiver is given in writing and signed <br /> by California State Library. No delay or omission on the part of California State <br /> Library in exercising any rights shall operate as a waiver of such right or any other <br /> right. A waiver by California State Library of a provision of this Agreement shall <br /> not prejudice or constitute a waiver of California State Library's right otherwise to <br /> demand strict compliance with that provision or any other provision of this <br /> Agreement. No prior waiver by California State Library, nor any course of <br /> dealing between California State Library and Grantee, shall constitute a waiver <br /> of any of California State Library's rights or of any of grantee's obligations as to <br /> any future transactions. Whenever the consent of California State Library is <br /> required under this Agreement, the granting of such consent by California State <br />