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<br />other projects (See OMB Circular A-129 and 2 CFR §200.345); <br /> <br />4. SUBRECIPIENT must account for any real and personal property acquired with Federal <br />funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and <br />200.329; and, <br /> <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 /> <br />XVI. VALIDITY AND SEVERABILITY <br /> <br /> The invalidity in whole or in part of any provision of this Agreement shall not void or affect <br />the 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 />XVII. WAIVER <br /> No delay or omission by either party hereto to exercise any right or power accruing upon <br />any noncompliance or default by the other party with respect to any of the terms of this Agreement <br />shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of <br />the parties hereto of any of the covenants, conditions, or agreements to be performed by the other <br />shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, <br />condition or agreement herein contained. <br />XVIII. MISCELLANEOUS PROVISIONS <br /> <br /> a. Each undersigned represents and warrants that its signature herein below has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br /> to <br />CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br /> b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated <br />as if fully set forth in the body of this Agreement. <br /> <br /> <br /> <br /> <br />{Signatures on following page} <br /> <br />14 <br /> <br />