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commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent <br />funds. Where ACID has directed or requested CITY to implement a reduction in funding, in whole or as to a <br />cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to <br />act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the <br />Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to <br />de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal <br />accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of <br />this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention <br />to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions <br />made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it <br />received notice of such revision, provided that such amounts have been committed in good faith and are <br />otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. <br />XTV. EXCLUSIVITY AND AMENDMENT Or AGREEMENT <br />This Agreement supersedes any and all other agreements, either oral or in writing, between the <br />parties hereto with respect to the use of CITY's CDBG-CV funds by SUBRECIPIENT and contains all the <br />covenants and agreements between the parties with respect to such employment in any manner whatsoever. <br />Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, <br />orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not <br />embodied berein, and that no other agreement or amendment hereto shall be effective unless executed in <br />writing and signed by both CITY and SUBRECIPIENT'. <br />XV. LAWS GOVERNING THIS AGREEMENT <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />California, and all applicable federal laws and regulations. <br />XVI. CLOSE-OUT <br />The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CPR §200.343, <br />including the following: <br />1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end <br />date of the period of performance, all financial, performance, and other reports as required by the <br />terms and conditions of the Federal award; <br />2. Unless the CITY authorizes an extension, SUBRECIPIENI' 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 terms 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 />15 <br />