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failing to fulfill all or any of its obligations hereunder, CITY may declare a default and <br />termination of this Agreement by written notice to CONTRACTOR, which default and <br />termination shall be effective on a date stated in the notice which is to be not less than ten <br />(10) days after certified mailing or personal service of such notice, unless such default is <br />cured before the effective date of termination stated in such notice. If terminated for cause, <br />CITY shall be relieved of further liability or responsibility under this Agreement, or as a result <br />of the termination thereof, including the payment of money, except for payment for approved <br />expenses incurred for services satisfactorily and timely performed prior to the mailing or <br />service of the notice of termination, and except for reimbursement of: (1) any payments <br />made for services not subsequently performed in a timely and satisfactory manner; and, (2) <br />costs incurred by CITY in obtaining substitute performance. <br />4. The grant of funds under this Agreement may be terminated for <br />convenience by either the CITY or CONTRACTOR, in whole or in part, by setting forth the <br />reasons for such termination, the effective date, and, in the case of portion termination, their <br />portion to be terminated. However, if in the case of a partial termination, the CITY <br />determines that the remaining portion of the award will not accomplish the purpose forwhich <br />the award was made, the CITY may terminate the award in its entirety. <br />5. The grant of funds under this Agreement may be terminated due to the <br />non-performance of CONTRACTOR and/or failure of SUBRECIPENT to perform the work <br />described in Exhibit A. <br />6. The grant of funds under this Agreement may be terminated due to the <br />failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any <br />term subject to this Agreement. <br />7. In the event this Agreement is terminated as set forth in subparagraphs <br />I(1) through 1(6), inclusive, CONTRACTOR agrees to immediately return to CITY upon <br />CITY's demand and prior to any adjudication of CONTRACTOR's rights, any and all funds <br />not used, and to comply with the Reversion of Assets requirements in this Agreement. <br />J. Limitation of Funds. The United States of America may in the future place <br />programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are <br />not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in <br />order to take account of actions affecting ARPA program funding. In the event of funding <br />reduction, CITY may, in its sole and absolute discretion, reduce the budget of this <br />Agreement, may limit the rate of CONTRACTOR's authority to utilize funds, or may restrict <br />CONTRACTOR's use of uncommitted funds. Where CITY has been directed to implement <br />a reduction in funding, with respect to funding for this Agreement, CITY's City Manager or <br />delegate is authorized to act for CITY in implementing and effecting such a reduction and in <br />revising, modifying, or amending the Agreement for such purposes. If such a reduction in <br />funding occurs, CONTRACTOR shall be permitted to de -scope accordingly. Where CITY <br />has reasonable grounds to question CONTRACTOR's fiscal accountability or compliance <br />with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) <br />days upon five (5) days written notice to CONTRACTOR of its intention to so act, pending <br />