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1. SUBRECIPIENT inust submit, no later than ninety.(90) calendar days after the end <br /> date.of the period of performance, all financial,performance, and other reports as required by the <br /> terms and,conditions of the Federal award; <br /> 2. Unless the CITY• authorizes an extension, STJBRECIPIENT must''liquidate•all <br /> obligations incurred under° the Federal award not later than ninety (90).calendar days after the <br /> end date of the period of performance as specified in the terms and conditions of the Federal <br /> 3, SUBRECIPIENT must Promptly refund any•balonces .of.unobliggted cash'that the' <br /> CITY•paid in advance or paid and that is not.authorized'to be retained by'SL1BRECIFItNT for , <br /> use in other projeots(Scc (FMB Circular A-12.9 and 2 CFR §200.345); <br /> 4'. SUB.RECIFIENT must account for any real and personal propeity acquired with <br /> Federal funds or received from the Federal goverrirnent in accordance with 2 CAR §§200.310M <br /> - 200.316 and 200.329; and, . <br /> 5. The CITY should complete all closeout actions for the Federal award:no later:than one <br /> year after receipt and acceptance of all required Final reports. <br /> X.VH. VA.L]IDM AND SE W,R"ILITY <br /> The invalidity in whole or in part of any provision of this Agreement shall•not voW or affect the <br /> validity of any other provision of this Agreement. Whenever possible, each provision of this <br /> AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable <br /> law,.but if any provision of this AGREEMENT is -held to be prohibited by or invalid under <br /> applicable law, such provision shall be ineffective only to the extent of such prohibition or <br /> invalidity,without invalidating the remainder of such provisions of this AGREEMENT. <br /> XVIII. WAVER <br /> No delay or omission by either party hereto to exercise.any right or power accruing upoza any <br /> noncompliance or default by the other party with respect to any of the terms of this Agreement shall <br /> 'impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties <br /> hereto of-any of the covenants, conditions, or agreements to,be performed by•the.other• shall- not be <br /> construed to be a waiver of any succeeding breach thereof or of any other covenant; condition or . <br /> agreement herein contained. <br /> XIX. MISCELLANEOCIS_ NOVISIONS'- <br /> a. Each undersigned represents:and warrants that its signature herein below has the power-,..authority <br /> and right to bind their respective parties.to each of the terms of this.Agreement,and shall indemnify CITY <br /> fitlly,including reasonable costs and attorney's.fees,for any injuries or damages to CITY in the event that <br /> such authority or power is not,in.fact,held by the signatory or is witladravwm, <br /> b.'All Exhibits and Attachments xefewneed herein and ttaohed her # ,shall be incorporat a.es if . . .. . <br /> fully set forth in the body of this Agreement. <br /> (Signatures on following page) <br /> i5 <br />