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for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT. F. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY, Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24. CPR § 576,201, The anticipated source and amount of all matching fiords contributed by the SUBRECIPIENT will be enumerated in Exhibit B, Final Budget. G. Program -Income (1) Definition, Program income means, as provided by 2 CFR 200.1, gross income earned by the SUBRECIPIENT that is directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period, For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT, (2) Use, The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said fiords may he expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching, Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program, H, Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMBNT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMBNT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure, The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated. I. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CPR 576,203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the aforementioned period. For the purposes of this Page 4 of 23