PCN3, INC. (NEWHOPE LIBRARY MODERNIZATION & DELHI LIBRARY BRANCH IMPROVEMENTS)

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• termination,the CITY determines that the remaining portion of the award will'not accomplish the purpose for with the award was made,the CITY may terminate the award in its entirety. E. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits.A and B or failure to meet the performance'standards and program goals set forth therein. • • • F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT.agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. : REVERSION OF ASSETS of this Agreement. • . . • XIII. • LIMITATION OF FUNDS • . • • The United States of America, through•HUD, may in the future place programmatic or fiscal • limitations on the use of CDBG funds which.limitations are not presently anticipated. Accordingly, CITY • reserves the right to revise•this Agreement'in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may,in its sole and absolute discretion,reduce the budget of this Agreement as a whole or:as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds, Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a • cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to: • act for CITY in implementing and effecting such'a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to • de-scope accordingly. Where CITY 'has reasonable grounds to question SUBRECIPIENT's•. fiscal • accountability,financial soundness, or compliance with this Agreement,CITY may suspend the operation of • this Agreement for up to sixty(60)days upon five(5)days written notice to SUBRECIPIENT of its intention • to so act,pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. • XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT • This Agreement supersedes any and all other agreements, either oral or hi writing, between the. parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the • covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which.are.not • embodied herein, and that rio other agreement or amendment hereto shall be effective unless executed in' writing and signed by both CITY and SUBRECIP1ENT. . • XV.. LAWS GOVERNING THIS AGREEMENT • This Agreement shall-be•governed by and construed in accordance with the laws of the State of - California,and all applicable federal laws ant regulations . .XV'I. CLOSE-OUT • The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR§200.343, including the following: 14