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<br />5105 <br /> <br />ther party. In the event of such termination, SUBRECIPIENT shall only be entitled to reim- <br />bursement 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' written <br />notice for violation by SUBRECIPIENT of Federal, state and/or local laws governing the use of <br />Emergency Shelter Grant ftmds. Furthermore, the SUBRECIPIENT shall comply with the Con- <br />ditional Use permit requirements. For failure to comply with the aforementioned terms, suspen- <br />sion or termination shall result, and SUBRECIPIENT shall only be entitled to reimbursement for <br />approved expenses incurred up to the effective date of suspension or termination. <br /> <br />C. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations <br />hereunder, CITY may declare a default and termination of the Agreement by written notice to <br />SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice <br />which is to be not less than ten (10) days after certified mailing or personal service of such no- <br />tice, unless such default is cured before the effective date of termination stated in such notice. If <br />terminated for cause, CITY shall be relieved of further liability or responsibility under this <br />Agreement, or as a result of the termination thereof, including the payment of money, except for <br />payment for approved expenses incurred for services satisfactorily and timely performed prior to <br />the mailing or service of the notice of termination, and except for reimbursement of (1) any pay- <br />ments made for services not subsequently performed in a timely and satisfactory manner, and (2) <br />costs incurred by CITY in obtaining substitute performance. <br /> <br />D. The grant of ftmds under this Agreement may be terminated for convenience, <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 de- <br />scribed in Exhibits A and B or failure to meet the performance standards and program goals set <br />forth therein. <br /> <br />F. In the event this Agreement is terminated as set forth in Section X.A through X.E, in- <br />clusive, SUBRECIPIENT agrees to immediately return to CITY, upon CITY's demand and prior <br />to any adjudication of SUBRECIPIENTs rights, any and all ftmds not used under this Agree- <br />ment. <br /> <br />Xll. LIMITATION OF FUNDS <br /> <br />The United States of America, through HUD, may, in the future, place programmatic or <br />fiscal limitations on the use of ESG ftmds which limitations are not presently anticipated. Ac- <br />cordingly, CITY reserves the right to revise this Agreement in order to take account of actions <br />affecting HUD program ftmding. In the event of funding reduction, CITY may, in its sole and <br />absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may <br />limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict <br />SUB RECIPIENT's use of both its WlcOmmitted and its unspent ftmds. Where HUD has directed <br />or requested CITY to implement a reduction in funding, in whole or as to a cost category, with <br />respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for <br /> <br />20 <br />