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9. Special Risks or Circumstances: City reserves the right to modify these <br /> requirements,including limits, based on the nature of the risk, prior experience, <br /> insurer, coverage, or other special circumstances. <br /> I. Termination. <br /> 1. This Agreement may be terminated on thirty (30) days' written notice by either <br /> party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for <br /> approved expenses incurred to the effective date of termination. <br /> 2. This Agreement may be suspended or terminated by CITY upon five (5) days' <br /> written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SURF <br /> Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to <br /> reimbursement for approved expenses incurred up to the effective date of suspension or termination. <br /> 3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to <br /> fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this <br /> Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective <br /> on a date stated in the notice which is to be not less than ten (10) days after certified mailing or <br /> personal service of such notice, unless such default is cured before the effective date of termination <br /> stated in such notice. If terminated for cause, CITY shall be relieved of further liability or <br /> responsibility under this Agreement, or as a result of the termination thereof, including the payment <br /> of money, except for payment for approved expenses incurred for services satisfactorily and timely <br /> performed prior to the mailing or service of the notice of termination, and except for reimbursement <br /> of. (1) any payments made for services not subsequently performed in a timely and satisfactory <br /> manner; and, (2)costs incurred by CITY in obtaining substitute performance. <br /> 4. The grant of funds under this Agreement may be terminated for convenience by <br /> either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such <br /> termination, the effective date, and, in the case of portion termination, their portion to be terminated. <br /> However, if in the case of a partial termination, the CITY determines that the remaining portion of <br /> the award will not accomplish the purpose for which the award was made, the CITY may terminate <br /> the award in its entirety. <br /> 5. The grant of funds under this Agreement may be terminated due to the non- <br /> performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described <br /> in Exhibit A. <br /> 6. The grant of funds under this Agreement may be terminated due to the failure of <br /> the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to <br /> this Agreement. <br /> 7. In the event this Agreement is terminated as set forth in subparagraphs I(1) <br /> through I(6),inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand <br /> and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply <br /> with the Reversion of Assets requirements in this Agreement. <br /> City Council 15 26 — 20 5/3/2022 <br />