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<br />5/05 <br /> <br />XII. TERMINATION <br /> <br />A. This Agreement may be tenninated on thirty (30) days' written notice by either <br />party. In the event of such tennination, SUBRECIPIENT shall only be entitled to reimbursement <br />for approved expenses incurred to the effective date oftennination. <br /> <br />B. This Agreement may be suspended or tenninated 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 tennination, SUBRECIPIENT <br />shall only be entitled to reimbursement for approved expenses incurred up to the effective date of <br />suspension or tennination. <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 tennination of this <br />Agreement by written notice to SUBRECIPIENT, which default and tennination 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 tennination <br />stated in such notice. If tenninated for cause, CITY shall be relieved of further liability or <br />responsibility under this Agreement, or as a result ofthe tennination thereof, including the payment <br />of money, except for payment for approved expenses incurred for services satisfactorily and timely <br />perfonned prior to the mailing or service of the notice oftennination, and except for reimbursement <br />of (1) any payments made for services not subsequently perfonned in a timely and satisfactory <br />manner, and (2) costs incurred by CITY in obtaining substitute perfonnance. <br /> <br />D. The grant of funds under this Agreement may be tenninated for convenience in <br />accordance with 24 CFR 85.44. <br /> <br />E. The grant of funds under this Agreement may be tenninated due to the non- <br />perfonnance of SUBRECIPIENT and/or failure of SUBRECIPENT to perfonn the work described <br />in Exhibits A and B or failure to meet the perfonnance standards and program goals set forth <br />therein. <br /> <br />F. In the event this Agreement is tenninated as set forth in subparagraphs XII.A. <br />through XI I.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's <br />demand and prior to any adjudication of SUB RECIPIENT's rights, any and all funds not used, and <br />to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. <br /> <br />XIII. LIMITATION OF FUNDS <br /> <br />The United States of America, through HUD, may in the future place programmatic or fiscal <br />limitations on the 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 the event of funding reduction, CITY may, in its sole and absolute discretion, <br /> <br />13 <br /> <br />- <br />