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5/l 1110 <br />stated i n s uch no tice. If t erminated f or c ause, C ITY s hall be r elieved of f urther liability o r <br />responsibility under this Agreement, or as a result of the termination thereof, including the payment <br />of money, except for payment for approved expenses incurred for services satisfactorily and timely <br />performed prior to the mailing or service of the notice of termination, and except for reimbursement <br />of (I ) any pa yments m ade f or s ervices no t s ubsequently pe rformed i n a t imely a nd s atisfactory <br />manner, and (2) costs incurred by CITY in obtaining substitute performance. <br />D. The g rant of f unds un der t his A greement m ay b e t erminated f or co nvenience i n <br />accordance with 24 CFR 85.44. <br />E. The g rant of f unds un der t his A greement m ay be t erminated due t o t he non - <br />performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described <br />in E xhibits A a nd B or failure t o m eet t he pe rformance s tandards a nd pr ogram g oals s et f orth <br />therein. <br />F. In t he ev ent this A greement is terminated as s et f orth i n s ubparagraphs X II.A. <br />through X II.E., i nclusive, S UBRECIPIENT a grees t o i mmediately r eturn t o C ITY upon C ITV's <br />demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and <br />to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. <br />X1H. LIMITATION OF FUNDS <br />The United States of America, through HUD, may in the future place programmatic or fiscal <br />limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, <br />CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD <br />program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, <br />reduce t he b udget o f this A greement as a w hole o r as to co sts category, m ay 1 imit t he rate o f <br />SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of <br />both i is u ncommitted a nd i is u nspent f unds. W here H UD ha s di rected or r equested C ITY t o <br />implement a reduction in funding, in whole or as to a cost category, with respect to funding for this <br />Agreement, C ITY's C ity Manager or delegate i s authorized to act for C ITY i n implementing and <br />effecting s uch a r eduction a nd i n r evising, m odifying, or a mending t he A greement f or s uch <br />purposes. I f s uch a r eduction i n funding oc curs, SUBRECIPIENT s hall be permitted to de -scope <br />accordingly. W here C ITY h as r easonable g rounds to que stion S UBRECIPIENT's f iscal <br />accountability, financial soundness, or compliance with this Agreement, CITY may suspend the <br />operation of this A greement f or up t o s ixty ( 60) da ys upon f ive ( 5) days w ritten no tice to <br />SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. <br />In no a vent, however, shall any revisions made by C ITY affect expenditures and legally binding <br />commitments made by S UBRECIPIENT before it received notice of such revision, provided that <br />such a mounts ha ve been c ommitted i n g ood f aith a nd a re o therwise a llowable a nd t hat s uch <br />commitments are consistent with HUD cash withdrawal guidelines. <br />14