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9. Special Risks or Circumstances, City reserves the right to modify these <br />requirements, including limits, based on the nature of the risk, prior experience, <br />insurer, coverage, or other special circumstances. <br />I. Ter irtation. <br />1. This Agreement maybe terminated on thirty (30) days' written notice by either <br />party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for <br />approved expenses incurred to the effective date of termination. <br />2. This Agreement may be suspended or terminated by CITY upon five (5) days' <br />written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF <br />Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to <br />reimbursement for approved expenses incurred up to the effective date of suspension or termination. <br />3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to <br />fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this <br />Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective <br />on a date stated in the notice which is to be not less than ten (10) days after certified mailing or <br />personal service of such notice, unless such default is cured before the effective date of termination <br />stated in such notice. If terminated for cause, CITY shall be relieved of further liability or <br />responsibility under this Agreement, or as a result of the termination thereof, including the payment <br />of money, except for payment for approved expenses incurred for services satisfactorily and timely <br />performed prior to the mailing or service of the notice of termination, and except for reimbursement <br />of: (1) any payments made for services not subsequently performed in a timely and satisfactory <br />manner; and, (2) costs incurred by CITY in obtaining substitute performance. <br />4. The grant of funds under this Agreement may be terminated for convenience by <br />either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such <br />termination, the effective date, and, in the case of portion termination, their portion to be terminated. <br />However, if in the case of a partial termination, the CITY determines that the remaining portion of <br />the award will not accomplish the purpose for which the award was made, the CITY may terminate <br />the award in its entirety. <br />5. The grant of funds under this Agreement may be terminated due to the non- <br />performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described <br />in Exhibit A. <br />G. The grant of funds under this Agreement may be terminated due to the failure of <br />the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to <br />this Agreement. <br />7. In the event this Agreement is terminated as set forth in subparagraphs I(1) <br />through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand <br />and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply <br />with the Reversion of Assets requirements in this Agreement. <br />15 <br />