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<br />City of Santa Ana <br />06-CaIHome-184 <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 />allows 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 all times its acts with respect to the CalHome Program, <br />CalHome activities, and use of funds committed herein shall be in conformity with all <br />laws applicable to the CalHome Program including those of the State of California, all <br />federal laws, all local rules or ordinances, all 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. Waiver <br /> <br />No waiver of any breach of this Agreement shall be held to be a waiver of any prior or <br />subsequent breach. Any remedy afforded in this Agreement shall 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 />shall not affect any other provisions of this Agreement and the remainder of this <br />Agreement shall remain in full force and effect. Therefore, the provisions of this <br />Agreement are, and shall 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 shall 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 />t. <br /> <br />