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discretion, reduce the budget of this Agreement as a whole or as to costs category, <br />may limit the rate of the Districts authority to commit and spend fiords, or may <br />restrict the Districts use of both its uncommitted and its unspent funds. Where <br />HUD has directed or requested the City to implement a reduction in funding, in <br />whole or as to a cost category, with respect to funding for this Agreement, the City's <br />City Manager or delegate is authorized to act for the City in implementing and <br />effecting such a reduction and in revising, modifying, or amending the Agreement <br />for such purposes, If such a reduction in funding occurs, the District shall be <br />permitted to de -scope accordingly. In no event, however, shall any revisions made <br />by the City affect expenditures and legally binding commitments made by the <br />District before it received notice of such revision, provided that such amounts have <br />been committed in good faith and are otherwise allowable and that such <br />conm ritments are consistent with HUD cash withdrawal guidelines. <br />Closeout. The District agrees to comply with the closeout procedures detailed in 2 <br />CFR §200.343, including the following: <br />I . District must submit, no later than ninety (90) calendar days after the end date <br />of the period of perfonnance, all financial, performance, and other reports as <br />required by the terms and conditions of the Federal award; <br />2. Unless the City authorizes an extension, District must liquidate all obligations <br />incurred wider the Federal award not later than ninety (90) calendar days after <br />the end date of the period of perfonnance as specified in the terms and <br />conditions of the Federal award; <br />3. District must promptly refund any balances of unobligated cash that the City <br />paid in advance or paid and that is not authorized to be retained by District for <br />use in other projects (See OMB Circular A-129 and 2 CFR §200.345); <br />4. District must account for any real and personal property acquired with Federal <br />funds or received from the Federal government in accordance with 2 CFR <br />§§200.310-200.316 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 />T. Liability Resulting from CDBG Requirements. Notwithstanding any other <br />provision provided herein, the Parties acknowledge and agree that any amounts, <br />including without linutation costs, charges, fees, penalties, or delays of the Proj cot, <br />incurred by the District directly or indirectly arising out of, connected with, or <br />resulting from the obligations required by the Parties' participation in and use of <br />fiords from the 1 -IUD CDBCr program, including as a result of any audit performed <br />in connection therewith, shall be home by and the responsibility of the City, except <br />as otherwise mutually agreed to in writing by the Parties or if said amounts are <br />incurred wholly because of the sole negligence or willful misconduct of the District. <br />2UA-b 2 <br />4 <br />