PARKS, RECREATION AND COMMUNITY SERVICES AGENCY (2)

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termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the awardwas:made, the CITY may terminate the award in its entirety: E. The grant :of funds under this Agreement may be, terminated due to the non-performance of SU13RECIPBINT and/or failure of SUBRECIPENTfo perform the work described in Extdbita A id B or failureto meet the performance standards andProgramgoals set forth thercin. F. In the event this Agreement Is termhnated as set forth in sub 7 It.A, tltrough XTI.E:,. inclusive, SUBREr IPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adludtcatton'of SUBRECIFIENTs rights, any and all funds not used, and to comply With paragraph "XI.. EMIRSION OF ASSETS" of this Agreement, Imo: LIriiTTATIOI�l'OF FUNDS The <United States of America, through H-, bray in the faft re place pmgmmmatie or fiscal limitations on the use of CD13G funds Wh1.ich limitations are root presently anticipated. Acnordirtgly, CITY reserves the right to revise this Agreement in order to take account of actions af%cting I'mpta$ratd fiutding, In the event of fundhng reduction, CITY Wray,. in, its, sole and absolute tliserethmi reduce the budget ,of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIEN T o a4tharity to commit and spend funds, or may restchct SU-Ml IPIEMVS use of both its woomuriittecT and its unspent funds. Where MIJ has directed Orregrested CITY to implement at eductionin funding, in whalq m� mMona cost category, with. respect to fiuxduig for this AgrOcnient, asCXFY's City lvlanager or dolegate is authorized to act for CITY' in implementing and effecting such a reduction and in revising, modhfying, or amending the .Agreement for such purposes, If such a reduction iu,funding occurs, SVBRECIPIENT shall be permitted to de•scope accordingly, Where CITY hag reasonable grounds to question SUBRECIPIRWIR fqai this Agreement for up to sixty(60) days upon five (.5)days written notice to SUBRECIPiE q ofhs intention to so act, pending an audit or other resolution of such questions. In no event, however shall any revisions made by CITY affect expenditures and legally binding comrnittnents made by SUBRECIPIENT -before it received notice of`such revision, provided that such amounts haVe, been committed in good faith acid are otherwise allowable and that such cotomments are consistent with il>M cash: withdrawal gr idelines, YN. CXCLUSTVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and :ail other agreements, either oral or in writing, between the parties hereto with respect to the use of c'n-Ps CDi3G frnds by SUBRECMNT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreerectrt acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which arc not embodied herein, and that no other agreement or amendment hereto shall be effective artless executed in writing and signed by both CITY and SUBRECIPIENT, XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws acid regulations; XVI. CLOSE-QUi The SUBRECIPIENT agrees to comply with the closeout procedures detailed in Z CFR §240.343, including the following: 14