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c. Ineffective or improper use of funds provided under this <br /> Agreement; or <br /> d. Submissionof reports by SUBRECIPIENT, Inc. to the CITY which <br /> are late, or incorrect or incomplete in any material respect. <br /> 2. As a result of material non-compliance, the CITY may take one or more <br /> of the following actions: <br /> a. Temporarily withhold cash payments pending correction of the <br /> deficiency by SUBRECIPIENT, Inc. More severe enforcement <br /> action may be undertaken by the CITY if the deficiency is not <br /> corrected; <br /> b. Disallow(that is, deny both use of funds and matching credit for) <br /> all or part of the cost of the activity or action not in compliance; <br /> c. Wholly or partially suspend or terminate the current award for <br /> the Small Business Assistance Program; <br /> d. Withhold further awards for the program;or take other remedies <br /> that may be legally available including, but not limited to, seeking <br /> compensatory and/or liquidated damages for breach of this <br /> Agreement, or injunctive or equitable relief in any court of <br /> competent jurisdiction. <br /> • Termination for Convenience by CITY or SUBRECIPIENT Inc.: Either the CITY or <br /> SUBRECIPIENT, Inc may terminate the award of funds under this Agreement in <br /> whole or in part if either determines that the goals indicated in the SUBRECIPIENT <br /> proposal cannot be met. Termination is effected by the initiating party upon <br /> receipt of written notification by the other party setting forth: (1) the reasons for <br /> termination; (2) the effective date of termination; (3) the portion to the <br /> terminated, in the case of partial termination. In the case of partial termination, if <br /> the CITY in its sole discretion determines that the remaining portion of the award <br /> will not accomplish the purposes for which the award was made, it may terminate <br /> the entire award. <br /> IX. REGULAR MEETING REQUIREMENT: SUBRECIPIENT, Inc. agrees to meet on a regular or as <br /> needed basis with the designated staff member of the CITY's Community Development <br /> Department-Neighborhood Services Division to discuss general and/or specific issues of this <br /> Agreement and to review the required reports. Furthermore, SUBRECIPIENT, Inc. agrees to <br /> cooperate fully in any monitoring program, including on-site monitoring, developed, <br /> implemented or conducted by the CITY or by HUD. <br /> X. RECORD REQUIREMENTS: SUBRECIPIENT shall provide the CITY, HUD, the Inspector General <br /> of the United States or any of their duly authorized representatives, access to any books, <br /> documents, papers and records of SUBRECIPIENT, Inc. which pertain to the CDBG-CV funded <br /> 5 <br />