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<br />City of Santa Ana <br />04-CALHOME-087 <br />Page 4 of 5 <br /> <br />EXHIBIT C <br /> <br />10. Monitorinq Aqreement <br /> <br />Upon the State's approval of Recipient's Loan Servicing Plan and CalHome Reuse <br />Account Plan, the Recipient shall enter into a twenty (20) year CalHome Program Reuse <br />Account Monitoring ,Agreement (Monitoring Agreement). This Monitoring Agreement <br />aliows the State to: obtain necessary reporting information; review and approve changes <br />to Loan Servicing Procedures or CalHome Reuse Account Plans; and to perform <br />monitoring of CalHome program operations and accounts, <br /> <br />11, Compliance with Laws and Requlations <br /> <br />Contractor agrees that at ali times its acts with respect to the CalHome Program, <br />CalHome activities, and use of funds committed herein .shall be in conformity with ali <br />laws applicable to the CalHome Program including those of the State of California, ali <br />federal laws, all local rules or ordinances, ali requirements of the CalHome Program <br />including the CalHome statutes and Regulations. <br /> <br />12, Disencumbrance of Funds <br /> <br />Funds authorized by this Agreement may be disencumbered in whole or in part if funds <br />are not expended within the time frames specified in Exhibit A, Section 4,A; Completion <br />Dates, <br /> <br />13. <br /> <br />Waiver <br /> <br />I <br /> <br />No waiver of any breach of this Agreement shali be held to be a waiver of any prior or <br />subsequent breach. Any remedy afforded in this Agreement shali be taken and <br />construed as cumulative, and in addition to, any other remedy provided therein or by <br />law, The failure of the State to enforce at any time the provisions of this Agreement or <br />to require at any time performance by the Contractor of such provisions shall in no way <br />be construed to be a waiver of such provisions nor to affect the validity of this <br />Agreement or the right of the State to enforce these provisions. <br /> <br />14. Litiqation <br /> <br />A. If any provision of this Agreement, or underlying obligation, is held invalid by a <br />court of competent jurisdiction, such invalidity, at the sole discretion of the State, <br />shali not affect any other provisions of this Agreement and the remainder of this <br />Agreement shali remain in fuli force and effect. Therefore, the provisions of this <br />Agreement are, and shali be, deemed severable. <br /> <br />B. The Contractor shall notify the State immediately of any claim or action <br />undertaken by or against it which affects or may affect this Agreement or the <br />State, and shali take such action with respect to the claim or action as is <br />consistent with the terms of this Agreement and the interests of the State. <br /> <br />15. Prevailinq Waqes <br />