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award; <br />3. SUBRECIPIENT must promptly refund any balances of imobligated cash that the <br />CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for <br />usein otherprojeets (See OMB Circular A-129 and 2 CFR §200.345); <br />4. SUBRECIPIENT must account for any real and personal property acquired with <br />Federal Rinds or received from the Federal government in accordance with 2 CFR §§200.310- <br />200.316 and 200.329; and, <br />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 />XVH. VALIDITY ANDSEVERABHJTY <br />The invalidity in whole or in part of any provision of this Agreement shall not void or affect the <br />validity of any other provision 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 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 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 terms 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. FEDERAL RE QUIRE, <br />FEMA financial 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 />1. 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 />16 <br />