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EXHIBIT 2 <br /> Ce <br /> rtificate ertificat( ) _ e of Occupancy Issued. Any portion of the construction <br /> work requiring inspection or certification by any Governmental Authority shall have been <br /> inspected and certified as complete. Grantee shall request that the City of Santa Ana Planning <br /> and Building Agency issue a Certificate of Occupancy, or similar document as applicable, a <br /> copy of which shall be delivered to the City Project Manager, in order for the Final <br /> Disbursement to occur. <br /> (iii) Lien Free. At least one of the following shall have occurred: <br /> i <br /> (1) Thirty-five(35) days shall have passed since the recording <br /> of a valid Notice of Completion as required by Section 8.5 for the construction, and no <br /> mechanic's or materialman's lien shall be outstanding; or <br /> (2) Ninety-five (95) days shall have passed since actual i <br /> completion of the construction, and no mechanic's or materialman's lien shall be outstanding, or <br /> Grantee shall have bonded over any such lien to City's reasonable satisfaction. f <br /> (iv) Grantee shall have provided evidence to the City that the Grantee <br /> has continued to maintain insurance policies and certificates or endorsements acceptable to the <br /> City, as described in this Agreement. <br /> I <br /> 4.3 Termination Rights. <br /> 1 <br /> (a) Termination of State HHAP Agreements If, at any time during the term of <br /> this Agreement, any of the State HHAP Round 1, 2, or 3 Agreements are terminated by the <br /> Business, Consumer Services and Housing Agency, the City may, at its sole discretion, terminate <br /> this Agreement by giving a minimum 30 days' notice of termination, in writing, to Grantee. <br /> Upon termination of this Agreement, unless otherwise approved in writing by the City, any <br /> unexpcndcd funds received by the Grantee shall be returned to the City within 30 days of the ! <br /> City's notice of termination. <br /> (b) Termination for Failure of Condition. If(a) any of the conditions <br /> precedent set forth herein are not timely satisfied within two (2)years of the date of this <br /> Agreement(subject to applicable notice and cure rights), and(b) City is not in default under this <br /> Agreement, City may terminate this Agreement without any further liability on its part by giving <br /> written notice of termination to Grantee. Upon the giving of such notice, the City shall not be <br /> obligated to pay to Grantee the HHAP Grant, any portion thereof, or any other amounts owing <br /> under the Agreement, and Grantee shall be required to return to the City any HHAP Grant <br /> monies received but not expended on the Project as of the date of the notice of termination. <br /> 4.4 Waiver of Conditions. The conditions set forth pertaining to City's obligation to <br /> make disbursements of the HHAP Grant proceeds are for City's benefit only and the City j <br /> Project Manager may waive all or any part of such rights by written notice to Grantee. <br /> 4.5 Manner of Disbursement. City may make any disbursement by check or wire <br /> transfer payable to Grantee. <br /> i <br /> i <br /> 1� <br />