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This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved. <br /> CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is <br /> <br /> to be not less than ten (10) days after certified mailing or personal service of such notice, unless such <br /> default is cured before the effective date of termination stated in such notice. If terminated for cause, <br /> CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the <br /> termination thereof, including the payment of money, except for payment for approved expenses incurred <br /> for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, <br /> and except for reimbursement of (1) any payments made for services not subsequently performed in a <br /> timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. <br /> XVI. <br /> DISPUTES <br /> Except as otherwise provided in this Agreement, any dispute concerning any question <br /> arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision <br /> to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City <br /> shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of <br /> such copy, CITY receives from CONTRACTOR written request to appeal said decision. <br /> Procedures governing the appeal shall be prescribed by CITY and/or the State of <br /> California in accordance with the Act and all corresponding regulations and OMB circulars. Pending <br /> final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless <br /> the dispute involves a change order. <br /> XVII. <br /> BREACH -SANCTIONS <br /> If, through any cause, CONTRACTOR violates any of the terms and conditions of this <br /> Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant <br /> to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes <br /> disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all <br /> amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, <br /> CITY shall also have the right at its sole discretion to either: (1) discontinue program support until <br /> such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or <br /> prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by <br /> offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice <br /> CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) <br /> terminate this Agreement by giving written notice to CONTRACTOR of such termination in <br /> accordance the notice provision in Paragraph XVIII herein below. <br /> XVIII. <br /> NOTICES <br /> All notices, reports and correspondence between the parties hereto respecting this <br /> Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as <br /> follows: <br /> CITY: City of Santa Ana <br /> Manager, WIB Administrative Office <br /> 2 5A-1 ~ Page 13 of 15 <br /> <br />