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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 />4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or <br />received from the Federal government in accordance with 2 CFR 200.310-200.316 and 200.329; and, <br />5. The CITY should complete all closeout actions for the Federal award no later than one year after <br />receipt and acceptance of all required final reports. <br />XVH. VALIDITY AND SEVERABHdTY <br />The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of <br />any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be <br />interpreted in such manner as to be effective and valid under applicable law, but if any provision of this <br />AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective <br />only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this <br />AGREEMENT. <br />XVHI. LAWS GOVERNING THIS AGREEMENT <br />This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, <br />and all applicable federal laws and regulations. <br />XIX. WAIVER <br />No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or <br />default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right <br />or power or be construed to be a waiver thereof A waiver by either of the parties hereto of any of the covenants, <br />conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding <br />breach thereof or of any other covenant, condition, or agreement herein contained. <br />60A-23 <br />EXHIBIT 1