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City of Santa Ana 21-ERAP-20081 Page 2 of 3 EXHIBIT D B. This Agreement.is valid and enforceable only if suffcient funds are made available to the State of California by the United States Government for fiscal years 2021-2022 through 2025-2026 for the purpose of emergency rental assistance. In addition, this Agreement.is subject to any additional restrictions, limitations, or conditions enacted, by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement In any manner. C. The parties mutually agree that If the Congress does not appropriate sufficient funds for the ERA2, this Agreement shall be amended to reflect any subsequent reduction in SRA2-funds. D. The Department may cancel this Agreement, in whole or in part;, if (1) sufficient funds are not made available by the United States Government; (11) Congress enacts any restrictlons, limitations, or conditions that impact this Agreement or the funding of this Agreement; or (111) cancellation is otherwise permitted under state contracting law. E. To cancel this Agreement pursuant to this paragraph, the Department shall give thirty (30) calendar days' advance written notice to the Locality. The Locality shall retum any undlsbursed portion of Its Block Grant Award — 2 to the Department within thirty (30) calendar days from the date on the Department's written notice of termination, unless (1) the parties have agreed upon an alternate arrangement in advance and in writing; or (Ii) an alternate arrangement Is necessary for'one or both parties to remain In compliance with the ERA2, the SRA2, or applicable law. 4. Termination, Without Cause The Department may terminate this Agreement at any time, without cause, by providing thirty (30) calendar days' advance written notice to Locality. Locality shall return any unexpended Block Grant Award - 2 funds to the Department within thirty (30) calendar days from the date on the Department's written notice of termination, unless (1) the parties have agreed upon an alternate arrangement in advance and in writing; or ([I) an alternate arrangement is necessary for one or both parties to remain In compliance with the ERA2, the SRA2, or applicable law. 5. Entire Agreement: Seyerability This Agreement constitutes the entire agreement between the Department and the Locality. All prior representations, statements, negotiations and undertakings with regard to the subject matter hereof are superseded hereby, in the event ady term or provision of this Agreement is deemed to be in violation of law, null and void, or otherwise of no force or effect, the remaining terms and provisions of this Agreement shall remain in full force and effect. State Rental Assistance Program — Round 2 Locality Allocation -Locality Administration (Option B) Locality: City of Santa Ana Approved: 9/30/2021 Prep Date: 12/3i2021