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City of Santa Ana <br /> 24-HHAP-10007 <br /> Page 18 of 31 <br /> EXHIBIT D <br /> HHAP GENERAL TERMS AND CONDITIONS <br /> 1 . 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 />