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City of Santa Ana 20-LEAP-15676 Page 4 of 9 EXHIBIT D F. Both the Grantee and the Department have the right to terminate the Agreement at any time upon thirty (30) days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within thirty (30) days of the early termination notice. G. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt or complete the planning document. Localities that do not formally adopt or complete the funded activity could be subject to repayment of the grant. H. The following shall each constitute a breach of this Agreement: 1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies: 1) Disqualify the Grantee from applying for future Department administered gran programs. 2) Revoke existing LEAP award(s) to the Grantee. 3) Require the return of unexpended LEAP funds disbursed under this Agreement. 4) Require repayment of LEAP Funds disbursed and expended under this Agreement. 5) Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the LEAP Program requirements. 6) Other remedies available at law, or by and through this Agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach or Violation within a period of not less than fifteen (15) days. Local Early Action Planning (LEAP) NOFA Date: January 27, 2020 Approved Date: May 29, 2020 Prep. Date: December 7, 2020