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performed prior to the mailing or service ol'the notice of termination, and except for r'Clmbnl:SClnenl of'. (I) any payments made for scrviccs not Subsaµtontly perl'ormed in a timely and salislaclory manner; and, (2) costs incurred by CITY in obtaining SUb.Stittne perfornrnco. 'I. The grant or funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting lorlh the reasons ('or such termination, the erlecdve date, and, in the case of portion termination, their portion to be terminated. Ilowever, if in the case Ora partial termination, the CITY determines that the remainiltg portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 5. The grant of funds roofer this Agreement may be terminated clue to the non- performance of SUBRECIPIENT and/or failure ol'SUBRECIPENT to perl"orm file work described in Exhibil A or failure to meet the project expectations set firth in Exhibit A. 6. The grant orlunds under this Agreement may be terminated due to the failure of (lie CITY to receive sufficient or anticipated funding for the CARES Act program for any term subject to this Agreement. 7. In (he event this Agreement is terminated as sc( forth in subparagraphs III) through 1(6), inclusive, SUBREC'IPIENI' agrees to immediately return to CITY upOn CITY's (lemand and prior Wally adjudieaiiou of'SUBRECIMENT's rights, any and all (111Rd9 not used, and to comply with the Revorsion of Assets requirements in this Agreement. J. Lilloitation or Funds. The United States of America may in the future place programmatic or fiscal limitations on tileuseofCARES Act finds, which limitations are not presently anticipated. Accordingly, CITY reserves (Ile right to revise this Agreement in order to lake account of actions affecting CARES Act program finding. In the event orrunding reduction, CITY may, iu its sole and absolute discretion, reduce the budget of fills Agreement, may limit lire rate of SUBRECIPIEMT's authority to dlSbtrrffi1 funds, or may restrict SUBRI CIPIENT'S use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to landing IN- this Agreement, C1TY's City Manager or delegate is authorized to act for CITY in implementing and erl'ectin" such at reduction and in revising, modifying, or amending the Agreeutent for such purposes. II'such a reduction in funding occurs, SUBRECIPIEN'I'shall be permitted to de - scope accordingly. Where CITY has reasonable grounds to (IMstion SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation or this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to So am pending all audit or other resolution orsuch questions. In no event, however, shall any revisions made by CITY affect cspcnditures and legally binding commitments nude by SUBRECIPIF.NI bdore it reccivu(I notice orsuch revision, provided that such amounts have been conuniacd in good froth and are otherwise allowable and that such conuninnents are consistent with CARES Act Funds withdrawal gui(lelines. K. F-,,xclusivity and Amendment or rcement. This Agreement supersedes any an(I all Oil agreements. either oral or in w riling, between the parties hereto with respec(to the use orCl Y's CARES Act finds by SUBRECIPIENT at'(' contains all the covenarns and agreements bcavecn lire 15