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Notwithstanding the above, the GRANTEE shall not be <br /> relieved of liability to the DEPARTMENT for damages sus- <br /> tained by the DEPARTMENT by virtue of any breach of <br /> agreement by the GRANTEE. The DEPARTMENT may withhold <br /> any payments until such time as the exact amount of <br /> damages due the DEPARTMENT from the GRANTEE has been <br /> determined. <br /> b. Insufficient Funds: The obligation of the DEPARTMENT to <br /> make grant payments is contingent upon the availability <br /> of funds through legislative appropriation and state <br /> allotment, and such other conditions not reasonably <br /> foreseeable by the DEPARTMENT rendering performance <br /> impossible. When the grant crosses over fiscal years, <br /> the obligation of the DEPARTMENT is contingent upon the <br /> allotment of funds during the next fiscal year. <br /> 8 . MISCELLANEOUS PROVISIONS <br /> a. Discrimination: The DEPARTMENT and the GRANTEE agree to <br /> be bound by all federal and state laws, regulations, and <br /> policies against discrimination and agree not to dis- <br /> criminate in employment, either directly or indirectly, <br /> because of a person's age, sex, marital status, creed, <br /> color, national origin, or the presence of any sensory, <br /> mental, or physical handicap, unless based upon a bona <br /> fide occupational qualification. <br /> The GRANTEE further agrees to affirmatively support the <br /> DEPARTMENT'S minority contract procurement program <br /> ensuring the participation of minority businesses in <br /> subcontracts, subcontracts for goods and services, etc. , <br /> awarded under this grant. <br /> b. Publications and Brochures: Any publications or <br /> brochures required as a product of this grant shall <br /> conform to minimum standards of size, 8-1/2" x 11" , 20# <br /> bond manuscript, single spaced, no less than 1" margins. <br /> Photos, illustrations, and graphs must be of reproduc- <br /> ible quality. Additional specifications as may be out- <br /> lined in the attached Appendix "A" shall be complied <br /> with. <br /> c. All Writings Contained Herein: This grant, its <br /> appendices, exhibits, and the current editions of the <br /> DEPARTMENT'S "Financial Guidelines for Grants Manage- <br /> ment" and "GRANTS MANAGEMENT MANUAL FOR GRANTS UNDER THE <br /> COASTAL ZONE MANAGEMENT ACT" contain the entire under- <br /> standing between the parties, and there are no other <br /> agreements, understandings, or representations set forth <br /> or incorporated by reference herein. No subsequent <br /> 7 <br />