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24. Right of Contest. Recipient shall have the right to contest in good faith any <br />claim, demand, levy or assessment the assertion of which would constitute <br />an Event of Default hereunder. Any such contest shall be prosecuted <br />diligently and in a manner unprejudicial to the Department or the rights of <br />the Department hereunder. Upon demand by the Department, Recipient <br />shall make suitable provision by deposit of funds with the Department or by <br />bond or by title insurance or other assurance satisfactory to the Department <br />for the possibility that the contest will be unsuccessful. Such provision shall <br />be made five (5) days after demand therefore, and, if made by deposit of <br />funds with the Department, the amount so deposited shall be disbursed in <br />accordance with the resolution of the contest either to Recipient or the <br />adverse claimant. <br />25. Rights Cumulative No Waiver. All the Department's rights and remedies <br />provided in the Grant Documents, granted by law or otherwise, are <br />cumulative and, except as provided herein, may be exercised by the <br />Department at any time. No waiver shall be implied from any failure of the <br />Department to take, or any delay by the Department in taking, action <br />concerning any Event of Default or failure of condition under the Grant <br />Documents, or from any previous waiver of any similar or unrelated Event <br />of Default or failure of condition. Any waiver or approval under any of the <br />Grant Documents must be in writing and shall be limited to its specific terms. <br />26. Attorneys' Fees; Enforcement. If any attorney, including the California <br />Attorney General, is engaged by the Department to enforce, construe or <br />defend any provision of any of the Grant Documents, or as a consequence <br />of any Event of Default not cured hereunder or default under any other <br />Department document, with or without the filing of any legal action or <br />proceeding, Recipient shall pay to the Department, immediately upon <br />demand, the amount of all attorneys' fees and costs incurred by the State <br />in connection therewith, together with interest thereon from the date of such <br />demand at the rate of ten (10%) percent per annum. <br />27. Enforcement of the Construction Contract. The parties hereto agree that <br />the Department shall have, and is hereby assigned, the right of the <br />Recipient to enforce the provisions of the Construction Contract and all <br />documents related thereto in the event, as determined by the Department, <br />in its sole discretion, that the Recipient fails, refuses, or is otherwise unable <br />to enforce them. The Department shall notify the Recipient, in writing, of its <br />determination to effect this assignment, specifying the reasons therefor, at <br />least fifteen (15) days prior to the Department's undertaking any such <br />action. <br />28. Indemnification and Waiver. <br />16-AHSC-11200 <br />NOFA 02/29/16 Page '18 of 36 <br />Rev: 03/16/17 <br />Project: Santa Ana Ar', Codectivo <br />Prep Date: 08/08/17 <br />