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City of Santa Ana <br />21-HHAP-00012 <br />Page 16 of 23 <br />i) Grantee's failure to comply with the terms or conditions of this Agreement. <br />It) Use of, or permitting the use of, HHAP-2 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 />i) Bar the Grantee from applying for future HHAP funds; <br />ii) Revoke any other existing HHAP-2 award(s) to the Grantee; <br />ill) Require the return of any unexpended HHAP-2 funds disbursed under this <br />Agreement; <br />iv) Require repayment of HHAP-2 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-2 funds <br />A) 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-2 requirements. <br />c) All remedies available to Agency are cumulative and not exclusive. <br />d) Agency may give written notice to the Grantee to cure the breach or <br />violation within a period of not less than 15 days. <br />7) Waivers <br />No waiver of any breach of this Agreement shall be held to be a waiver of any prior <br />or subsequent breach. The failure of Agency to enforce at any time the provisions of <br />this Agreement, or to require at any time, performance by the Grantee of these <br />provisions, shall in no way be construed to be a waiver of such provisions nor to <br />affect the validity of this Agreement or the right of Agency to enforce <br />these provisions, <br />8) Nondiscrimination <br />During the performance of this Agreement, Grantee and its subrecipients shall not <br />unlawfully discriminate, harass, or allow harassment against any employee or <br />applicant for employment because of sex (gender), sexual orientation, gender <br />Identity, gender expression, race, color, ancestry, religion, creed, national origin <br />(including language use restriction), pregnancy, physical disability (including HIV and <br />AIDS), mental disability, medical condition (cancer/genetic characteristics), age <br />Initial Here <br />