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In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be <br />notified in writing and such notification shall constitute an official amendment. <br />The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this <br />AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, <br />directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this <br />AGREEMENT. <br />XV. VIOLATION OF TERMS AND CONDITIONS <br />A. Termination <br />If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or requirements of this <br />AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether <br />stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere, <br />the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.339 and in accordance <br />with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant <br />funds be returned even if the SUBRECIPIENT has expended the funds. <br />If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the <br />SUBRECIPIENT agrees to remedy the. acts or omissions causing the disallowance and repay the CITY all amounts <br />spent in violation thereof. If the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure <br />of the ESG funds granted hereunder, the SUBRECIPIENT shall be required to reimburse the CITY of all such funds <br />that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to take other <br />remedies that may be legally available. <br />The SUBRECIPIENT agrees to return all funds as requested by the CITY under this section within thirty (30) <br />days of receipt of the written request. <br />Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in writing and <br />mailed to the CITY pursuant to the above NOTICES section. <br />XVI. CLOSE-OUT <br />The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the <br />following: <br />1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period <br />of performance, all financial, performance, and other reports as required by the terms and conditions <br />of the Federal award; <br />2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred <br />under the Federal award not later than ninety (90) calendar days after the end date of the period of <br />performance as specified in the terms and conditions of the Federal award; <br />3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in <br />advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects <br />(See OMG Circular A-129 and 2 CFR 200.345); <br />18 <br />