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City of Santa Ana 20-HHAP-00019 Page 16 of 23 Homeless Housing, Assistance and Prevention Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 5. Require the Immediate return to Agency of all funds derived from the use of HHAP funds including, but not limited to, recaptured funds and returned funds; and 6. Seek, in a court of competent Jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements. C. All remedies available to Agency are cumulative and not exclusive. D. Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 16 days. 7. Wjivem No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall In no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 8. Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic Information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and subGrantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 at seq,); the regulations promulgated thereunder (Cal, Code Regs., tit. 2, § 11000 at seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 -11139.5). Grantee and its subreciplents shall give written notice of their obligations Homeless Housing, Assistance and Prevention Program NDFA Date: December e, 2019