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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 />XVIL VALIDITY AND SEVERARILITY <br />The invalidity in whole or in part of any provision or this Agreement shall not vold or affect the <br />validity or any other provision of this Agreement Whenevcr 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 orsuch provisions of this AGREEMENT. <br />XVIu, 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 or the parties <br />hereto or 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 anv other covenant, condition or <br />agreement herein contained. <br />XIX. FEDERAL REQUIREMENTS <br />FEMA €mancial assistance will be used to fund all or a portion of this contract. SUBRECIPIENT <br />shall comply with all federal requirements including, but not limited to, the following: <br />I. 2 C.F.R. Part 200 — Uniform Administrative Requirements. Cost Principles, and Audit <br />Requirements for Federal Awards. which is expressly incorporated herein by reference. <br />2. Federal Contract Provisions attached hereto as Exhibit F and incorporated herein by <br />reference. <br />Subcontracts, if any, shall contain a provision making them subject to all of the provisions <br />stipulated in the contract. including but not limited to. 2 C.F.R. Part 200 and the Federal Contract <br />Provisions. <br />With respect to any conflict between such federal requirements and the terms of this Agreement <br />and/or the provisions of state lase and except as otherwise required under federal law or regulation, the <br />more stringent requirement shall control. <br />XX. 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 teens 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 />filly set forth in the body of this Agreement. <br />16 <br />