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<br />XII. LIMITATION OF FUNDS <br /> <br /> The United States of America, through HHS, may in the future place programmatic or fiscal limitations <br />on the use of OMH FUNDS which limitations are not presently anticipated. Accordingly, CITY reserves the <br />right to revise this Agreement in order to take account of actions affecting OMH program funding. In the event <br />of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a <br />whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, <br />or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HHS has directed <br />or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to <br />funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing <br />and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If <br />such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY <br />has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or <br />compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days <br />upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other <br />resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and <br />legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided <br />that such amounts have been committed in good faith and are otherwise allowable and that such commitments <br />are consistent with HHS cash withdrawal guidelines. <br /> <br />XIII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT <br /> <br /> This Agreement supersedes any and all other agreements, either oral or in writing, between the parties <br />hereto with respect to the use of CITY's OMH FUNDS by SUBRECIPIENT and contains all the covenants <br />and agreements between the parties with respect to such employment in any manner whatsoever. Each party <br />to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied <br />herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and <br />signed by both CITY and SUBRECIPIENT. <br /> <br />XIV. LAWS GOVERNING THIS AGREEMENT <br /> <br /> This Agreement shall be governed by and construed in accordance with the laws of the State of <br />California, and all applicable federal laws and regulations. <br /> <br />XV. CLOSE-OUT <br /> <br /> The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, <br />including the following: <br />1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date <br />of the period of performance, all financial, performance, and other reports as required by the terms <br />and conditions of the Federal award; <br /> <br />2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all <br />obligations incurred under the Federal award not later than ninety (90) calendar days after the end <br />date of the period of performance as specified in the terms and conditions of the Federal award; <br /> <br />3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY <br />paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in <br /> <br />13 <br /> <br />