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DocuSign Envelope ID: 4E844E78-4F58-4861-819E-4AEA85D3A154 <br />City of Santa Ana <br />21-ERAP-20081 <br />Page 2 of 3 <br />EXHIBIT D <br />B. This Agreementis valid and enforceable only if sufficient funds are made available to <br />the State of California by the United States Government for fiscal years 2021-2022 <br />through 2025-2026 for the purpose of emergency rental assistance. In addition, this <br />Agreement is subject to any additional restrictions, limitations, or conditions enacted. <br />by the Congress or to any statute enacted by the Congress that may affect the <br />provisions, terms, or funding of this Agreement in any manner. <br />C. The parties mutually agree that if the Congress does not appropriate sufficient funds <br />for the ERA2, this Agreement shall be amended to reflect any subsequent reduction <br />in SRA2 funds. <br />D. The Department may cancel this Agreement, in whole or in part, if (1) sufficient funds <br />are not made available by the United States Government; (ii) Congress enacts any <br />restrictions, limitations, or conditions that impact this Agreement or the funding of this <br />Agreement; or (iii) cancellation is otherwise permitted under state contracting law. <br />E. To cancel this Agreement pursuant to this paragraph, the Department shall give thirty <br />(30) calendar days' advance written notice to the Locality. The Locality shall return <br />any undisbursed portion of its Block Grant Award - 2 to the Department within thirty <br />(30) calendar days from the date on the Department's written notice of termination, <br />unless (1) the parties have agreed upon an alternate arrangement in advance and in <br />writing; or (ii) an alternate arrangement is necessary for one or both parties to remain <br />in compliance with the ERA2, the SRA2, or applicable law. <br />4. Termination Without Cause <br />The Department may terminate this Agreement at any time, without cause, by providing <br />thirty (30) calendar days' advance written notice to Locality. Locality shall return any <br />unexpended Block Grant Award -- 2 funds to the Department within thirty (30) calendar <br />days from the date on the Department's written notice of termination, unless (1) the parties <br />have agreed upon an alternate arrangement in advance and in writing; or (11) an alternate <br />arrangement is necessary for one or both parties to remain in compliance with the ERA2, <br />the SRA2, or applicable law. <br />5. Entire Agreement; 5everability <br />This Agreement constitutes the entire agreement between the Department and the <br />Locality. All prior representations, statements, negotiations and undertakings with regard <br />to the subject matter hereof are superseded hereby. In the event any term or provision <br />of this Agreement is deemed to be in violation of law, null and void, or otherwise of no <br />force or effect, the remaining terms and provisions of this Agreement shall remain in full <br />force and effect. <br />State Rental Assistance Program - Round 2 <br />Locality Allocation -Locality Administration (Option B) <br />Locality: City of Santa Ana <br />Approved: 9/30/2021 <br />Prep Date: 12/3/2021 <br />