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EXHIBIT 2 <br />City of Santa Ana <br />24-HHAP-10007 <br />Page 18 of 31 <br />EXHIBIT D <br />HHAP GENERAL TERMS AND CONDITIONS <br />Termination and Sufficiency of Funds <br />A. Termination of Agreement <br />HCD may terminate this Agreement at any time for cause by giving a <br />minimum of 14 days' notice of termination, in writing, to the Grantee. <br />Cause shall consist of violations of any conditions of this Agreement, any <br />breach of contract as described in paragraph 6 of this Exhibit D; violation <br />of any federal or state laws; or withdrawal of HCD's expenditure <br />authority. Upon termination of this Agreement, unless otherwise approved <br />in writing by HCD, any unexpended funds received by the Grantee shall <br />be returned to HCD within thirty (30) days of HCD's notice of termination. <br />B. Sufficiency of Funds <br />This Agreement is valid and enforceable only if sufficient funds are made <br />available to HCD by legislative appropriation. In addition, this Agreement <br />is subject to any additional restrictions, limitations or conditions, or <br />statutes, regulations, or any other laws, whether federal or those of the <br />State of California, or of any agency, department, or any political <br />subdivision of the federal or State of California governments, which may <br />affect the provisions, terms, or funding of this Agreement in any manner. <br />2. Transfers <br />Grantee may not transfer or assign by subcontract or novation, or by any other <br />means, the rights, duties, or performance of this Agreement or any part thereof, <br />except as allowed within Exhibit D Section 12 (Special Conditions — <br />Grantees/Sub Grantee) or with the prior written approval of HCD and a formal <br />amendment to this Agreement to affect such subcontract or novation. <br />3. Grantee's Application for Funds <br />Grantee has submitted to HCD an application for HHAP-5 funds to support <br />regional coordination and expand or develop local capacity to <br />address its immediate homelessness challenges. HCD is entering into this <br />Agreement on the basis of Grantee's facts, information, assertions and <br />representations contained in that application. Any subsequent modifications to <br />the original funding plans submitted within the original application must be <br />Program Name: Homeless Housing, Assistance, and Prevention Program <br />Round 5 "HHAP-5" <br />NOFA Date: September 29, 2023 <br />Approved Date: August 8, 2024 <br />Prep Date: November 1, 2024 <br />