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The United States of America, through HUD, may, in the future, place programmatic or <br />fiscal limitations on the use of ESG funds which limitations are not presently anticipated. Ac- <br />cordingly, CITY reserves the right to revise this Agreement in order to take account of actions <br />affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and <br />absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may <br />limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict <br />SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed <br />or requested CITY to implement a reduction in funding, in whole or as to a cost category, with <br />respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for <br />CITY in implementing and effecting such a reduction and in revising, modifying, or amending <br />the Agreement for such purposes. Where CITY has reasonable grounds to question SUBRE- <br />CIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY <br />may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days' written <br />notice to SUBRECIPIENT of its intention to so act pending an audit or other resolution of such <br />questions. In no event, however, shall any revisions made by CITY affect expenditures and le- <br />gally binding commitments made by SUBRECIPIENT before it received notice of such revision, <br />provided that such amounts have been committed in good faith and are otherwise allowable and <br />that such commitments are consistent with HUD cash withdrawal guidelines. <br />XIII. INSURANCE <br />A. SUBRECIPIENT shall furnish CITY's Clerk of the Council with an insurance certifi- <br />cate from its workers' compensation insurance carrier certifying that it carries such insurance and <br />that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior <br />notice to CITY. <br />B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial gen- <br />eral liability insurance, or equivalent form, with a combined single limit of not less than <br />$1 Million Dollars per occurrence. <br />Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and <br />volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance pro- <br />grams maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) <br />give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRE- <br />CIPIENT's operations hereunder. <br />SUBRECIPIENT shall: (i) prior to exercising any right under this Agreement, furnish <br />properly executed certificates of insurance and additional insured endorsement to the CITY <br />which shall clearly evidence all coverages required above; (ii) provide that such insurance shall <br />not b e materially changed or t erminated except on thirty (30) days prior written notice to the <br />CITY; (iii) maintain such insurance for the period covered by this Agreement; and (d) replace <br />such certificates for policies expiring prior to the expiration of this Agreement. <br />XIV. EXCLUSIVITY AND AMENDMENT TO AGREEMENT <br />20 <br />