PARKS, RECREATION AND COMMUNITY SERVICES AGENCY (3)

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termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for with the award was 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 SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set Forth in subparagraphs XII.A, through XII.E,, inclusive, SUBRECIPIRNT agrees to immediately return to CITY upon CITY s demand and prior to any adjudication of SUERECIPiENT's rights, any and all finds not used, and to comply with paragraph "XI, RBVERSIO OF _. ASSETS" ofthis Agreement. lIIII, UMTATION OF FUNDS The llruted States of America, through TIUD, may in the future place programmatic or fiscal limitations on the use of CD13G funds which limitations are not presently anticipated, Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program Dividing. In the event of funding reduction, CITY may; in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may linat the rate of SUBRECIPI) NT's authority to commit and spend funds, or may restrict SUBRECIPIENP's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category; with respect to funding For this Agreement, CITY's City Manager or delegate is authorized to apt for CITY in implementing and effecting such a reduction and in revising; modifying, or ametiding the Agreement for such purposes, If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable ,grounds to question SUBRECIPIFNT''s fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, small any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts Bova been committed in good faith and are otherwise allowable and that such commitments are consistent withI-IUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMI NT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUDRECIPIENT. XV, LAWS GOVERNING TIIIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200,343, including the following; 14