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EXHIBIT 2 <br />City of Santa Ana <br />24-HHAP-10007 <br />Page 23 of 31 <br />EXHIBIT D <br />4) Require repayment of HHAP-5 funds disbursed and expended <br />under this Agreement. <br />5) Require the immediate return to HCD of all funds derived from the <br />use of HHAP-5 funds. <br />6) Seek, in a court of competent jurisdiction, an order for specific <br />performance of the defaulted obligation or participation in the <br />technical assistance in accordance with HHAP-5 requirements. <br />C. All remedies available to HCD are cumulative and not exclusive. <br />D. HCD may give written notice to the Grantee to cure the breach or <br />violation within a period of not less than fifteen (15) days. <br />7. Waivers <br />No waiver of any breach of this Agreement shall be held to be a waiver of any <br />prior or subsequent breach. The failure of HCD to enforce at any time the <br />provisions of this Agreement, or to require at any time, performance by the <br />Grantee of these provisions, shall in no way be construed to be a waiver of such <br />provisions nor to affect the validity of this Agreement or the right of HCD to <br />enforce these provisions. <br />8. Nondiscrimination <br />During the performance of this Agreement, the Grantee and <br />its subrecipients shall not unlawfully discriminate, harass, or allow harassment <br />against any employee or applicant for employment because of sex (gender), <br />sexual orientation, gender identity, gender expression, race, color, ancestry, <br />religion, creed, national origin (including language use restriction), pregnancy, <br />physical disability (including HIV and AIDS), mental disability, medical condition <br />(cancer/genetic characteristics), age (over 40), genetic information, marital <br />status, military and veteran status, and denial of medical and family care leave or <br />pregnancy disability leave. Grantees and Sub grantees shall ensure that the <br />evaluation and treatment of their employees and applicants for employment are <br />free from such discrimination and harassment. Grantee and <br />its subrecipients shall comply with the provisions of California's laws against <br />discriminatory practices relating to specific groups: the California Fair <br />Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the <br />regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); <br />and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the <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 />