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City of Santa Ana <br />24-HHAP-10007 <br />Page 22 of 31 <br />EXHIBIT D <br /> <br /> <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 /> <br />If any litigation, claim, negotiation, audit, monitoring, inspection, or other <br />action has been commenced before the expiration of the required record <br />retention period, all records must be retained until completion of the action <br />and resolution of all issues which arise from it. <br /> <br />C. Public Records Act <br /> <br />The Grantees’ final HHAP-5 application, this contract, and other <br />documents related to the grant are considered public records, which are <br />available for public viewing pursuant to the California Public Records Act <br />Division 10 (commencing with Section 7920.000) of Title 1 of the <br />Government Code. <br /> <br />6. Breach and Remedies  <br /> <br />A. Breach of Agreement <br /> <br />Breach of this Agreement includes, but is not limited to, the following <br />events: <br />  <br />1) Grantee’s failure to comply with the terms or conditions of this <br />Agreement.  <br /> <br />2) Use of, or permitting the use of, HHAP-5 funds provided under this <br />Agreement for any ineligible activities. <br /> <br />3) Any failure to comply with the deadlines set forth in this <br />Agreement.  <br /> <br />B. Remedies for Breach of Agreement <br /> <br />In addition to any other remedies that may be available to HCD in law or <br />equity for breach of this Agreement, HCD may: <br /> <br />1) Bar the Grantee from applying for future HHAP funds.  <br /> <br />2) Revoke any other existing HHAP award(s) to the Grantee. <br /> <br />3) Require the return of any unexpended HHAP-5 funds disbursed <br />under this Agreement. <br /> <br />EXHIBIT 2