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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 />