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<br />5/05 <br /> <br />XII. TERMINATION <br /> <br />A. This Agrcement may be terminated on thirty (30) days' writtcn notice by either <br />party. In the cvcnt of such termination, SUBRECIPIENT shall only be cntitled to reimbursemcnt <br />for approved expenses incurred to the effective date of termination. <br /> <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 usc 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 expenscs incurred up to the effective date of <br />suspension or termination. <br /> <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 />Agrccment by written notice to SUB RECIPIENT, which dcfault 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 bc relieved of further liability or <br />responsibility under this Agrccmcnt, or as a result of the tcrmination thereof, including the payment <br />of money, except for payment for approved expenses incurred for services satisfactorily and timely <br />performed prior to thc mailing or service of thc notice of termination, and except for reimbursement <br />of (1) any payments made for services not subsequently pcrformed in a timely and satisfactory <br />manncr, and (2) costs incurred by CITY in obtaining substitute performancc. <br /> <br />D. The grant of funds under this Agreement may be terminated for convenience in <br />accordance with 24 CFR 85.44. <br /> <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 dcscribed <br />in Exhibits A and B or failure to meet the performance standards and program goals set forth <br />therein. <br /> <br />F. In the event this Agreement is tcrminated as set forth in subparagraphs XII.A. <br />through XII.E., inelusive, SUB RECIPIENT agrees to immediately return to CITY upon CITY's <br />dcmand 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" ofthis Agreement. <br /> <br />XIII. LIMIT A nON OF FUNDS <br /> <br />The United Statcs of America, through HUD, may in the future place programmatic or fiscal <br />limitations on thc use ofCDBG 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 thc event of funding reduction, CITY may, in its sole and absolute discretion, <br /> <br />13 <br />