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<br /> <br /> <br /> <br /> <br /> hardship will result to any participant. <br /> <br /> B. In the event CONTRACTOR defaults by failing to fulfill all or any of its <br /> obligations hereunder, CITY may declare a default and termination of this Agreement by <br /> written notice to CONTRACTOR, which default and termination shall be effective on a date <br /> stated in the notice which is to be not less than ten (10) days after certified mailing or personal <br /> service of such notice, unless such default is cured before the effective date of termination <br /> stated in such notice. If terminated for cause, CITY shall be relieved of further liability or <br /> responsibility under this Agreement, or as a result of the termination thereof, including the <br /> payment of money, except for payment for approved expenses incurred for services <br /> 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 <br /> performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining <br /> substitute performance. <br /> XVI. <br /> DISPUTES <br /> <br /> Except as otherwise provided in this Agreement, any dispute concerning any <br /> question arising under this Agreement shall be decided by CITY. In such a case CITY shall <br /> reduce its decision to writing and mail or otherwise furnish a copy thereof to <br /> CONTRACTOR. The decision of the City shall be final and conclusive unless within <br /> thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from <br /> CONTRACTOR written request to appeal said decision. <br /> <br /> Procedures governing the appeal shall be prescribed by CITY and/or the <br /> State of California in accordance with the Act and all corresponding regulations and OMB <br /> circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance <br /> with CITY's decision unless the dispute involves a change order. <br /> <br /> XVII. <br /> BREACH - SANCTIONS <br /> <br /> If, through any cause, CONTRACTOR violates any of the terms and <br /> conditions of this Agreement, and/or prior agreements whereby grant funds were received <br /> by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately <br /> or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its <br /> acts or omissions and/or repay CITY all amounts due CITY as a result of <br /> CONTRACTOR's violation. For any such failures or violations, CITY shall also have the <br /> right at its sole discretion to either: (1) discontinue program support until such time as <br /> CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior <br /> 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; <br /> and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such <br /> termination in accordance the notice provision in Paragraph XVIII herein below. <br /> <br /> <br /> 14 <br /> <br /> 25K-36 <br />