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5/11/10 <br /> 1. Items of e quipment w ith a c urrent pe r uni t f air market value of 1 ess t han <br /> $5,000.00 maybe retained, sold or otherwise disposed of with no further obligation to CITY. <br /> 2. Items of equipment with a current fair market per unit value of $5,000.00 or <br /> more maybe retained or sold and CITY shall have the right to an amount calculated by multiplying <br /> the current market value or proceeds from the sale by CITY's share of federal funds used to acquire <br /> the equipment, in accordance with 24 CFR 85.32(e)(2). <br /> D. SUBRECII'IENT he reby agrees, upon t he de mand of C TTY, t o execute, <br /> acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder <br /> or unde r a ny doc ument, i nstrument or a greement e xecuted i n f urtherance of the services a nd <br /> activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), <br /> quitclaim deed(s) or such of her a nd f urther i nstruments, doc uments a nd agreements a s m ay be <br /> necessary, i n the s ole and absolute discretion of C ITY, t o ve st i n CITY a 11 o f S UBRECIPIENT's <br /> right, title and i nterest (if any i t m ay have) i n and t o C ITY, C DBG or other federal, s tate a nd/or <br /> local accounts or program funds or allocation of funds to which CITY is or maybe entitled, either <br /> for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the <br /> performance of this Agreement or any previous agreements relating to the same subject matter or <br /> activities a s t his A greement, together w ith a ny i nstruments, l owns, g rants or a dvances b y <br /> SUBRECII'IENT on behalf of CITY, in furtherance of the activities hereunder or thereof. <br /> SUBRECIPIENT's obligations and responsibilities s et forth in this paragraph "XI. <br /> REVERSION OF AS SETS." a nd i n paragraph "XII. TERMINATION"and of her r equirements <br /> pertaining to program income shall not be affected by the termination of this Agreement and shall <br /> survive the date of t ermination of t his A greement f or s uch period of t ime as C ITY a nd/or H UD <br /> deems necessary for the responsibilities, duties and obligations to be performed and completed to <br /> the satisfaction of CITY and HUD. <br /> XII. TERMINATION <br /> A. This A greement may b e to rminated o n th irty (30) d ays' w ritten n otice b y either <br /> party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement <br /> for approved expenses incurred to the effective date of termination. <br /> B. This A greement m ay be suspended or t erminated b y C TTY upon f ive (5) da ys' <br /> written notice for violation by SUBRECIl'IENT of Federal Laws governing the use of Community <br /> Development Block Grant Funds. In the event of such suspension or termination, SUBRECII'IENT <br /> shall only be entitled to reimbursement for approved expenses incurred up t o the effective date of <br /> suspension or termination. <br /> C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill <br /> all or any of its obl igations he reunder, C ITY may de dare a de fault a nd t ermination of this <br /> Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective <br /> on a date stated in the notice which is to be not less than ten (10) days after certified mailing or <br /> <br /> personal service of such notice, unless such default is cured before the effective date of ternlination <br /> 13 <br /> 25L-15 <br /> <br />