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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, SUBRECIPIENT must ligrudate all <br />obligations incurred under the Federal award not later than ninety (9p) 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., SUERECIPIENT must promptly refund any balances of'unobligated cash that: the <br />CITY paid in advance or paid and that is not authorized to tse retained by SUBRECRIEl T for <br />Use in other projects (See t1NB Circular A-129 and2,CPR §200.345); <br />4, SUBRECIYIENT must .account for any real and. personal property acquired with <br />Federal funds or received from the Federal government in accordance with 2 CFR. §§200,3X0- <br />200316 and-200.329i and,.,- <br />5, The CITY should complete all closeout actions for tho Fedord award no later than one <br />year after receipt and acceptance of all required final reports. <br />XVIt. VALIDITY AND SEVERABILITY <br />The invalidity in whole or' n part of any provision- of this Agreement shall not void or affect the <br />Validity of any other provisiort 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 AGREEMb ,N'r is hold to be prohibited by or invalid under <br />applicable -law, such provision shall be, inefFectivc 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 terras 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, acid shall indemnify CITY <br />fillty, including reasonable costs and attorney's fees, for any injuries or damages to MY in the event that <br />such authority or power is not, in fact, held byte signatory or is withdrawn. <br />b, All Exhibits and Attachments referenced herein andattached hereto "the incorporated as if <br />fully set forth in the body of this Agreement. <br />(Slgnatuees on foltowingpcage) <br />15 <br />