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1 Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all <br />obligations incurred under the Federal award not later than ninety (90) calendar days after the end date <br />of the period of perforunance as specified in the tcnns and conditions of the Federal award; <br />3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the <br />CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in <br />other projects (See OMB Circular A -129 and 2 CFR §200.345); <br />4. SUBRECIPIENT must account for any real and personal property acquired with <br />Federal finds or received from the Federal government in accordance with 2 CFR § §200.310- 200.316 <br />and 200.329; and, <br />5. The CITY should complete all closeout actions for the Federal award no later than <br />one year after receipt and acceptance of all required final reports. <br />XVIL VALIDITY AND SEVERABILITY <br />The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of <br />any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be <br />interpreted in such manner as to be effective and valid under applicable law, but if any provision of this <br />AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be <br />ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of <br />such provisions of this AGREEMENT. <br />XVIII. WAIVER <br />No delay or omission by either party hereto to exercise any right or power accruing upon any <br />noncompliance or default by the other party with respect to any of the terns of this Agreement shall impair any <br />such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the <br />covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any <br />succeeding breach thereof or of any other covenant, condition or agreement herein contained. <br />XIX. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the power, authority and <br />right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY filly, including <br />reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is <br />not, in fact, held by the signatory or is withdrawn. <br />b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br />(Signatures on followingpage) <br />14 <br />25C -16 <br />