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