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may result in a change in the current process utilized by CITY to determine funding allocations. <br />SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability <br />of Federal, State or local Government funds, which are appropriated or allocated for the payment <br />of such an obligation. If funding levels are significantly affected by Federal budgeting or if funds <br />are not allocated and available for the continuance of the function performed by SUBRECIPIENT, <br />this AGREEMENT may be terminated by the CITY at the end of the period for which funds are <br />available. The CITY shall notify SUBRECIPIENT at the earliest possible time of any service, <br />which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event <br />this provision is exercised and the CITY shall not be liable for any damages as a result of <br />termination under this provision of this AGREEMENT. Nothing herein shall be construed as <br />obligating the CITY to expend funds in excess of appropriations authorized by law. <br />B. SUBRECIPIENT shall allow representatives of the CITY of SANTA ANA or HUD <br />to inspect facilities, which are used in connection with the AGREEMENT, made to implement <br />programs funded under this AGREEMENT. <br />C. SUBRECIPIENT shall maintain any applicable licenses or permits, and meet any <br />facility code regulations required for the program(s) funded under the AGREEMENT. <br />IV. TERM <br />A. Eligible costs related to services provided by SUBRECIPIENT must be incurred <br />during the period beginning September 30, 2009. The PROJECT shall be completed and all funds <br />provided through this AGREEMENT shall be expended on eligible project activities prior to June <br />30, 2012. CITY will reclaim any unused balance of funds for reallocation to other CITY approved <br />projects. <br />B. SUBRECIPIENT shall limit its use of HPRP program funds as defined in the <br />attached and incorporated SUBRECIPIENT SCOPE OF SERVICES to one or more of the <br />following: <br />1. Homelessness prevention activities. <br />2. Rapid Re-Housing program activities. <br />3. Data Collection. <br />No other use of these funds will be permissible. <br />C. The use of funds as defined in the attached SUBRECIPIENT SCOPE OF <br />SERVICES. <br />V. AMENDMENTS <br />Page 4 of 26 <br />20C-9 <br />