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date of the period of performance, all financial, perfonnance, and other reports as required by the <br />terms and conditions of the Federal award; <br />2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all <br />obligations incurred under the Federal award not later than ninety (90) calendar days after the <br />end date of the period of performance as specified in the terns and conditions of the Federal <br />award; <br />3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the <br />CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for <br />use in other projects (See OMB Circular A-129 and 2 CFR §200.345); <br />4. SUBRECIPIENT must account for any real and personal property acquired with <br />Federal funds or received from the Federal government in accordance with 2 CFR §§200.310- <br />200.316 and 200.329; and, <br />5. The CITY should complete all closeout actions for the Federal award no later than one <br />year after receipt and acceptance of all required final reports. <br />XVII. VALIDITY AND SEVERABILITY <br />The invalidity in whole or in part of any provision of this Agreement shall not void or affect the <br />validity of any other provision of this Agreement. Whenever possible, each provision of this <br />AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable <br />law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under <br />applicable law, such provision shall be ineffective only to the extent of such prohibition or <br />invalidity, without invalidating the remainder of such provisions of this AGREEMENT. <br />XVIII. WAIVER <br />No delay or omission by either party hereto to exercise any right or power accruing upon any <br />noncompliance or default by the other party with respect to any of the terms of this Agreement shall <br />impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties <br />hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be <br />construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or <br />agreement herein contained. <br />XIX. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, authority <br />and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY <br />fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that <br />such authority or power is not, in fact, held by the signatory or is withdrawn. <br />b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />15 <br />