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have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no <br />other agreement or amendment hereto shall be effective unless executed in writing and sighed by both the CITY <br />and the SUBRECIPIENT. <br />KV. AMENDMENTS OR MODIFICATIONS <br />The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for any activity or <br />purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless; <br />(i) The SUBRECIPIENT has received explicit written approval from the CITY to tuidertake such actions, or <br />(2) Budget changes may be, made among approved program activities and among approved budget categories <br />so long as the specific project activity has been approved, there is no change to the total grant amount, <br />and the changes to the budget are documented. <br />Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to <br />the end of the term of this A.GREEWNT. No modification to this AGREEMENT shall be binding by either party <br />unless In writing and signed by both parties. <br />In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shalt be <br />notified in writing and such notification shall constitute an. official amendment, <br />The CITY' may, at its discretion and upon provision of proper notice to the SUBRECIPTENT, amend this <br />AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, <br />directives, and objectives. Such amendments shall be incorporated by written airiendrnent as a part of this <br />AGREEMENT. <br />XVI. VIOLATION OF TERMS AND CONDITIONS <br />A. Terrniraation <br />if, due to any cause, the SUBRECIPTENT nails to comply with the terms, conditions or requirements of this <br />AGREEMENT, or any prior AGREEMENT whereby ESG funds were received by the SUBRECIPIENT, whether <br />stated in a federal statute or regulation., an asswance, a State plan or application, a notice of award, or elsewhere, <br />the CITY may terminate or suspend this AGREEMENT in accordance with 2 CFR 200.334 and in accordance <br />with 2 CFR 200.340 by giving written notice, and the CITY may request in writing that all or some of the grant <br />funds be returned even if the SUBRECIPIENT has expended the funds. <br />If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, the <br />SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay the CITY all amounts <br />spent in violation thereof. IF the SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure <br />of the ESG fiands granted hereunder, the SUBRECIPIENT shall be required to reimburse the. CITY of all such funds <br />that were obtained and/or spent under fraudulent circumstances, and the CITY reserves the right to talce other <br />remedies that. may be legally available. <br />The SUBRECIPIENT agrees to return all funds as requested by the CITY Murder this section within thirty (30) <br />days of receipt o.fthe written request. <br />is <br />