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<br />5/05 <br /> <br />C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill <br />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 /> <br />D. The grant of funds under this Agreement may be terminated for convenience in <br />accordance with 24 CFR 85.44. <br /> <br />E. 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 Exhibits A and B or failure to meet the performance standards and program goals set forth <br />therein. <br /> <br />F. In the event this Agreement is terminated as set forth in subparagraphs XILA. <br />through XILE., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's <br />demand and prior to any adjudication of SUB RECIPIENT's rights, any and all funds not used, and <br />to comply with paragraph "XL REVERSION OF ASSETS" of this Agreement. <br /> <br />XIII. LIMITATIONOFFUNDS <br /> <br />The United States of America, through HUD, may in the future place programmatic or fiscal <br />limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, <br />CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD <br />program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, <br />reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of <br />SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of <br />both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to <br />implement a reduction in funding, in whole or as to a cost category, with respect to funding for this <br />Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and <br />effecting such a reduction and in revising, modifying, or amending the Agreement for such <br />purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope <br />accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal <br />accountability, fmancial soundness, or compliance with this Agreement, CITY may suspend the <br />operation of this Agreement for up to sixty (60) days upon five (5) days written notice to <br />SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. <br />21 <br />