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<br />City of Santa Ana <br />08_CaIHome-4922 <br />Page 4 of 5 <br /> <br />EXHIBIT C <br /> <br />10. Monitorino Aareement <br /> <br />Upon the Department's approval of Recipient's Loan Servicing Plan and CalHome <br />Reuse Account Plan, the Recipient shall enter into a twenty (20) year CalHome Program <br />Reuse Account Monitoring Agreement (Monitoring Agreement). This Monitoring <br />Agreement allows the Department to: obtain necessary reporting information; review <br />and approve changes to Loan Servicing procedures or CalHome Reuse Account Plans; <br />and, to perform monitoring of CalHome Program operations and accounts. <br /> <br />11. Comoliance with Laws and Reaulations <br /> <br />Contraelor agrees that at all times its acts with respeel to the CalHome Program, <br />CalHome aelivities, 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, Seelion 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 Department to enforce at any time the provisions of this <br />Agreement or to require at any time performance by the Contractor of such provisions <br />shall in no way be construed to be a waiver of such provisions nor to affect the vandity of <br />this Agreement or the right of the Department to enforce these provisions. <br /> <br />14. Litiaation <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 <br />Department, shall not affect any other provisions of this Agreement and the <br />remainder of this Agreement shail remain in lull force and effect. Therefore, the <br />provisions of this Agreement are, and shall be, deemed severable. <br /> <br />B. The Contractor shall notify the Department immediately of any claim or action <br />undertaken by or against it which affects or may affect this Agreement or the <br />Department, and shall take such action with res peel to the claim or action as is <br />consistent with the terms of this Agreement and the interests of the Department. <br />