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8/04 <br />party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement <br />for approved expenses incurred to the effective date of termination. <br />B. This Agreement may be suspended or terminated by CITY upon five (5) days' <br />written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community <br />Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT <br />shall only be entitled to reimbursement for approved expenses incurred up to the effective date of <br />suspension or termination. <br />C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill <br />all or any of its obligations hereunder, CITY may declare a default and termination of this <br />Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective <br />on a date stated in the notice which is to be not less than ten (10) days after certified mailing or <br />personal service of such notice, unless such default is cured before the effective date of termination <br />stated in such notice. If terminated for cause, CITY shall be relieved of further liability or <br />responsibility under this Agreement, or as a result of the termination thereof, including the payment <br />of money, except for payment for approved expenses incurred for services satisfactorily and timely <br />performed prior to the mailing or service of the notice of termination, and except for reimbursement <br />of (1) any payments made for services not subsequently performed in a timely and satisfactory <br />manner, and (2) costs incurred by CITY in obtaining substitute performance. <br />D. The grant of funds under this Agreement may be terminated for convenience in <br />accordance with 24 CFR 85.44. <br />E. The grant of funds under this Agreement may be terminated due to the non- <br />performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described <br />in Exhibits A and B or failure to meet the performance standards and program goals set forth <br />therein. <br />F. In the event this Agreement is terminated as set forth in subparagraphs XH.A. <br />through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's <br />demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and <br />to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. <br />XIII. LIMITATION OF FUNDS <br />The United States of America, through HUD, may in the future place programmatic or fiscal <br />limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, <br />CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD <br />program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, <br />reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of <br />SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of <br />both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to <br />implement a reduction in funding, in whole or as to a cost category, with respect to funding for this <br />13 <br />