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end date of the period of performance, all financial, performance, and other reports as required by <br />the terms and conditions of this Agreement; <br />(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that <br />the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for <br />use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and, <br />(3) CITY should complete all closeout actions for the award no later than one year <br />after receipt and acceptance of all required final reports. <br />II. SUBRECIPIENT'S OBLIGATIONS <br />A. Representations and Warranties. <br />(1) Authority. SUBRECIPIENT is a duly organized and existing nonprofit <br />organization in good standing and authorized to do business under the laws of the State of <br />California. SUBRECIPIENT has full right, power and lawful authority to accept the funding <br />hereunder and to undertake all obligations as provided herein and the execution, performance and <br />delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions <br />on the part of SUBRECIPIENT. <br />(2) Experience. SUBRECIPIENT is qualified to provide the administrator services <br />for said program detailed herein. <br />(3) Familiarity With Services Required. By executing this Agreement, <br />SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator . <br />services to be performed and provided for said program as detailed in Exhibit A; (ii) it has <br />carefully considered how the services should be performed; and, (iii) it fully understands the <br />facilities, difficulties and restrictions attending performance of the services under this Agreement. <br />(4) No Conflict. To the best of SUBRECIPIENT'S knowledge, <br />SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement <br />will not constitute a default or a breach under any contract, agreement or order to which <br />SUBRECIPIENT is a party or by which it is bound. <br />(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or <br />threatened bankruptcy proceeding. <br />(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a <br />current or threatened litigation that would or may materially affect SUBRECIPIENT'S <br />performance under this Agreement. <br />(7) Proposal Veracity. All provisions of and information provided in <br />SUBRECIPIENT's management proposal submitted to CITY, including any exhibits, are true and <br />correct in all material respects. <br />7 <br />