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Docusign Envelope ID: A134C9FE-257C-4136-BAD3-3D57C3D7258B <br />all funds allocated to it by the City within 30 days from the date of termination unless an <br />appeal is filed, in which event the Nonprofit shall remit such funds within 30 days after any <br />final ruling upholding the decision of the City to terminate the Contract. Nothing herein shall <br />preclude either party from seeking any other remedy for breach of this Contract that is <br />available in law or in equity. <br />In the event of a termination due to a default by Nonprofit, if the City determines any <br />payments already made by the City hereunder were used in a manner allowed by this <br />Contract, the City may allow Nonprofit to keep the previously disbursed funds, but no further <br />payments will be made. <br />F. Notwithstanding the foregoing provisions of this section, either party to this <br />Contract shall have the right to terminate this Contract by providing written notification to the <br />other party at least 30 days prior to the effective date of such termination; however, the City <br />agrees that it will not terminate this Contract under this subsection except for good and <br />sufficient cause as determined by the City in its discretion. In the event of termination under <br />this subsection, no further payments will be made to Nonprofit. <br />SECTION 15. Miscellaneous: <br />A. This Contract contains the entire agreement between the parties. Any oral <br />understandings or agreements in conflict with the written provisions of this Contract shall be of <br />no force or effect. <br />B. Any alterations, additions, deletions, or amendments to the terms of this <br />Contract must be made in writing and executed by both parties hereto. <br />C. The Nonprofit warrants that it possesses the legal authority to enter into this <br />Contract and to perform the services and comply with the terms provided for herein. <br />D. City may, in its sole discretion provide for or conduct an independent audit of <br />the funds received under this Contract at any time during the effective term of this Contract <br />and for twelve months after its termination. <br />E. The Nonprofit agrees to maintain all program records related to the <br />activities under this Contract for at least twelve months after the termination of this <br />Contract. <br />F. The Nonprofit agrees to include the statement "Funded in whole or in part by <br />the City of San Marcos" in any promotional materials related to the activities under this <br />Contract. <br />SECTION 16. Supplemental Conditions. (Check One) <br />A. None: <br />B. As stated in Appendix B: X <br />For: The City of San Marcos <br />12 <br />