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against poor workmanship, fraud, or other potential loss associated with <br />completion of the grant project. <br />M. Assignability <br />Without the written consent of the STATE, the GRANTEE'S interest in and <br />responsibilities under this CONTRACT shall not be assignable by the GRANTEE <br />either in whole or in part. <br />N. Use of Grant Monies <br />GRANTEE shall not use any grant funds (including any portion thereof) for the <br />purpose of making any leverage loan, pledge, promissory note or similar financial <br />device or transaction, without: 1) the prior written approval of the STATE; and 2) <br />any financial or legal interests created by any such leverage loan, pledge, <br />promissory note or similar financial device or transaction in the project property <br />shall be completely subordinated to this CONTRACT through a Subordination <br />Agreement provided and approved by the STATE, signed by all parties involved in <br />the transaction, and recorded in the County Records against the fee title of the <br />project property. <br />®. Section Headings <br />The headings and captions of the various sections of this CONTRACT have been <br />inserted only for the purpose of convenience and are not a part of this CONTRACT <br />and shall not be deemed in any manner to modify, explain, or restrict any of the <br />provisions of this CONTRACT. <br />P. Waiver <br />Any failure by a party to enforce its rights under this CONTRACT, in the event of a <br />breach, shall not be construed as a waiver of said rights; and the waiver of any <br />breach under this CONTRACT shall not be construed as a waiver of any <br />subsequent breach. <br />City of Santa Ana <br />GRANTEE <br />By:_See attached signature page <br />Signature of Authorized Representative <br />Title: <br />Date: <br />7 <br />