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City of Santa Ana <br />20-LEAP-15676 <br />Page 4 of 9 <br />EXHIBIT D <br />F. Both the Grantee and the Department have the :right to terminate the Agreement at any <br />time upon thirty (30) days wd ten notice. The notice shall specify the reason for early <br />termination and may permit the grantee or the Department to rectify any deficiency(lies) <br />prior to the early termination date. The Grantee will submit any requested documents to <br />the Department within thirty (30) days of the early termination notice. <br />G. There must be a strong implementation component for the funded activity through this <br />Program, including, where appropriate, agreement by the locality to formally adopt or <br />complete the planning document. Localities that do not formally adopt or complete the <br />funded activity could be subject to repayment of the grant. <br />H. The following shall each constitute a breach of this Agreement: <br />1) Grantee's failure to comply w€th any of the terms and conditions of this Agreement. <br />2) Use of, or permitting the use of, grant funds provided under this Agreement for any <br />ineligible costs or for any activity not approved under this Agreement. <br />3) Any failure to comply with the deadlines set forth in this Agreement unless <br />approved by the Program Manager. <br />In addition to any other remedies that may be available to the Department in law or <br />equity for breach of this Agreement, the Department may at its discretion, exercise the <br />following remedies: <br />1) Disqualify the Grantee from applying for future Department administered grant <br />programs, <br />2) Revoke existing LEAP award(s) to the Grantee, <br />3) Require the return of unexpended LEAP funds disbursed under this Agreement. <br />4) Require repayment of LEAP Funds disbursed and expended under this <br />Agreement. <br />5) Seek a court order for specific performance of the obligation defaulted upon, or the <br />appointment of a receiver to complete the obligations in accordance with the LEAP <br />Program requirements. <br />6) Other remedies available at law, or by and through this Agreement. All remedies <br />available to the Department are cumulative and not exclusive. <br />7) The Department may give written notice to the Grantee to cure the breach or <br />Violation within a period of not less than fifteen (15) days. <br />Local Early Action Planning (LEAD) <br />NOFA Date: January 27, 2020 <br />Approved Date: May 29, 2020 <br />Prop. Date: December 7, 2020 <br />