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City of Santa Ana 25-CALHOME-18740 Page 16 of 17 EXHIBIT D A. If any provision of this Agreement, or underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain, at the Department's election, in full force and effect to the maximum extent allowed by law. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Contractor shall notify the Department immediately of any impending, pending or current claim or action undertaken by or against it, which affects or may affect this Agreement, the project, the Contractor or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 30. Waiver A. No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, and any rights, or remedies thereunder, or to require, at any time performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions, rights, or remedies, nor to affect the validity of this Agreement or the right of the Department to enforce the same. Any and all waivers by the Department must be express and in writing and signed by an authorized official thereof in order to be effective. B. All rights and remedies afforded to the Department under this Agreement shall be construed as cumulative and non-exclusive to the maximum extent permitted by law and shall be in addition to any other rights or remedies provided therein, by law, or otherwise. 31. Termination of Agreement and Breach A. The Department may terminate this Agreement at any time for cause by giving 14 days written notice to the Contractor. Cause shall consist of any violation of the CalHome Guidelines, Statute, or other Program Requirement, any terms and/or special conditions of this Agreement or legal documents referenced in Guidelines section 600; an unreasonably low rate of expenditure or, upon a reduction in, limitation on, or elimination of the Department's expenditure authority. B. The Contractor shall be in default and breach hereunder in the event the Contractor fails to satisfy or comply with any term or condition in this Agreement or with respect to the 20-year Monitoring Agreement as specified in Exhibit B, HOSN-CalHome 2024 NOVA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025 Approval Date: 06/05/2025 Prep. Date: 11/17/2025