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City of Santa Ana <br />22-HHAP-10004 <br />Page 13 of 26 <br />In accordance with Health and Safety Code section 50220.7, subdivision (m), if <br />upon inspection of records HCFC Identifies noncompliance with grant <br />requirements. HCFC retains the right to impose a corrective action plan on the <br />Grantee, <br />b) Record Retention <br />The Grantee further agrees to retain all records described in subparagraph A for <br />a minimum period of five (5) years after the termination of this Agreement. <br />If any litigation, claim, negotiation, audit, monitoring, inspection or other action <br />has been commenced before the expiration of the required record retention <br />period, all records must be retained until completion of the action and resolution <br />of all issues which arise from it. <br />6) Breach and Remedies <br />a) Breach of Agreement <br />Breach of this Agreement includes, but is not limited to, the following events: <br />1) Grantee's failure to comply with the terms or conditions of this Agreement. <br />11) Use of, or permitting the use of, HHAP-3 funds provided under this <br />Agreement for any ineligible activities. <br />ill) Any failure to comply with the deadlines set forth in this Agreement. <br />b) Remedies for Breach of Agreement <br />In addition to any other remedies that may be available to Agency in law or equity <br />for breach of this Agreement, Agency may: <br />1) Bar the Grantee from applying for future HHAP funds; <br />11) Revoke any other existing HHAP-3 award(s) to the Grantee; <br />iii) Require the return of any unexpended HHAP-3 funds disbursed under this <br />Agreement; <br />iv) Require repayment of HHAP-3 funds disbursed and expended under this <br />Agreement; <br />v) Require the immediate return to Agency of all funds derived from the use of <br />HHAP-3 funds <br />vi) Seek, in a court of competent jurisdiction, an order for specific performance of <br />the defaulted obligation or participation in the technical assistance in <br />accordance with HHAP-3 requirements, <br />c) All remedies available to Agency are cumulative and not exclusive. <br />THE <br />Initial <br />