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City of Santa Ana <br />20-HHAP-00019 <br />Page 16 of 23 <br />Homeless Housing, Assistance and Prevention <br />Standard Agreement <br />EXHIBIT C <br />HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND <br />CONDITIONS <br />5. Require the Immediate return to Agency of all funds derived from the use of <br />HHAP funds including, but not limited to, recaptured funds and returned <br />funds; and <br />6. Seek, in a court of competent Jurisdiction, an order for specific performance of <br />the defaulted obligation or the appointment of a receiver to complete the <br />technical assistance in accordance with HHAP requirements. <br />C. All remedies available to Agency are cumulative and not exclusive. <br />D. Agency may give written notice to the Grantee to cure the breach or violation within <br />a period of not less than 15 days. <br />7. Waivers <br />No waiver of any breach of this Agreement shall be held to be a waiver of any prior or <br />subsequent breach. The failure of Agency to enforce at any time the provisions of this <br />Agreement, or to require at any time, performance by the Grantee of these provisions, <br />shall in no way be construed to be a waiver of such provisions norto affect the validity <br />of this Agreement or the right of Agency to enforce these provisions. <br />8. Nondiscdmination <br />During the performance of this Agreement, Grantee and its subrecipients shall not <br />unlawfully discriminate, harass, or allow harassment against any employee or <br />applicant for employment because of sex (gender), sexual orientation, gender identity, <br />gender expression, race, color, ancestry, religion, creed, national origin (including <br />language use restriction), pregnancy, physical disability (including HIV and AIDS), <br />mental disability, medical condition (cancer/genetic characteristics), age (over 40), <br />genetic Information, marital status, military and veteran status, and denial of medical <br />and family care leave or pregnancy disability leave. Grantees and subGrantees shall <br />ensure that the evaluation and treatment of their employees and applicants for <br />employment are free from such discrimination and harassment. Grantee and its <br />subrecipients shall comply with the provisions of California's laws against <br />discriminatory practices relating to specific groups: the California Fair Employment <br />and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated <br />thereunder (Cal. Code Regs., tit. 2, § 11000 at seq.); and the provisions of Article 9.5, <br />Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 <br />-11139.5). Grantee and its subrecipients shall give written notice of their obligations <br />Homeless Housing, Assistance and Prevention Program <br />IVDFA Date: December 6, 2019 y <br />