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<br />6/10106 les <br /> <br />Agreement as a whole or as to costs category, may limit the rate of <br />CONTRACTOR's authority to commit and spend funds, or may restrict <br />CONTRACTOR's use of both its uncommitted and its unspent funds. Where HUD <br />has directed or requested CITY to implement a reduction in funding, in whole or as <br />to a cost category, with respect to funding for this Agreement, CITY's Executive <br />Director or delegate is authorized to act for CITY in implementing and effecting <br />such a reduction and in revising, modifying, or amending the Agreement for such <br />purposes. Where CITY has reasonable grounds to question CONTRACTOR's <br />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) <br />days written notice to CONTRACTOR of its intention to so act, pending an audit or <br />other resolution of such questions. In no event, however, shall any revisions made <br />by CITY affect expenditures and legally binding commitments made by <br />CONTRACTOR before it received notice of such revision, provided that such <br />amounts have been committed in good faith and are otherwise allowable and that <br />such commitments are consistent with HUD cash withdrawal guidelines. <br /> <br />XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT <br /> <br />This Agreement supersedes any and all other agreements, either oral or in writing, <br />between the parties hereto with respect to the use of CITY's FEZ funds by <br />CONTRACTOR and contains all the covenants and agreements between the <br />parties with respect to such employment in any manner whatsoever. Each party to <br />this Agreement acknowledges that no representations, inducements, promises or <br />agreements, orally or otherwise, have been made by any party, or anyone acting <br />on behalf of any party, which are not embodied herein, and that no other <br />agreement or amendment hereto shall be effective unless executed in writing and <br />signed by both CITY and CONTRACTOR. <br /> <br />XV. LAWS GOVERNING THIS AGREEMENT <br /> <br />This Agreement shall be governed by and construed in accordance with the laws of <br />the State of California, and all applicable federal laws and regulations. <br /> <br />XVI. VALIDITY <br /> <br />The invalidity in whole or in part of any provision of this Agreement shall not void or <br />affect the validity of any other provision of this Agreement. <br /> <br />Page 13 of 14 <br />