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(ii)Certificate of Occupancy Issued. Any portion of the construction <br />work requiring inspection or certification by any Governmental Authority shall have been <br />inspected and certified as complete. Grantee shall request that the City of Santa Ana Planning <br />and Building Agency issue a Certificate of Occupancy, or similar document as applicable, a <br />copy of which shall be delivered to the City Project Manager, in order for the Final <br />Disbursement to occur. <br />(iii)Lien Free. At least one of the following shall have occurred: <br />(1)Thirty-five (35) days shall have passed since the recording <br />of a valid Notice of Completion as required by Section 8.5 for the construction, and no <br />mechanic's or materialman's lien shall be outstanding; or <br />(2)Ninety-five (95) days shall have passed since actual <br />completion of the construction, and no mechanic's or materialman's lien shall be outstanding, or <br />Grantee shall have bonded over any such lien to City's reasonable satisfaction. <br />(iv)Grantee shall have provided evidence to the City that the Grantee <br />has continued to maintain insurance policies and certificates or endorsements acceptable to the <br />City, as described in this Agreement. <br />4.3 Termination Rights. <br />(a)Termination of State HHAP Agreements: If, at any time during the term of <br />this Agreement, any of the State HHAP Round 1, 2, or 3 Agreements are terminated by the <br />Business, Consumer Services and Housing Agency, the City may, at its sole discretion, terminate <br />this Agreement by giving a minimum 30 days’ notice of termination, in writing, to Grantee. <br />Upon termination of this Agreement, unless otherwise approved in writing by the City, any <br />unexpended funds received by the Grantee shall be returned to the City within 30 days of the <br />City’s notice of termination. <br />(b)Termination for Failure of Condition. If (a) any of the conditions <br />precedent set forth herein are not timely satisfied within two (2) years of the date of this <br />Agreement (subject to applicable notice and cure rights), and (b) City is not in default under this <br />Agreement, City may terminate this Agreement without any further liability on its part by giving <br />written notice of termination to Grantee. Upon the giving of such notice, the City shall not be <br />obligated to pay to Grantee the HHAP Grant, any portion thereof, or any other amounts owing <br />under the Agreement, and Grantee shall be required to return to the City any HHAP Grant <br />monies received but not expended on the Project as of the date of the notice of termination. <br />4.4 Waiver of Conditions. The conditions set forth pertaining to City's obligation to <br />make disbursements of the HHAP Grant proceeds are for City's benefit only and the City <br />Project Manager may waive all or any part of such rights by written notice to Grantee. <br />4.5 Manner of Disbursement. City may make any disbursement by check or wire <br />transfer payable to Grantee. <br />EXHIBIT 2