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b. Failure,for any reason, of the SUB-RECIPIENT to fulfill in a timely <br /> and proper manner its obligations under this Agreement; <br /> c. Ineffective or improper use of funds provided under this <br /> Agreement; or <br /> d. Submission of reports by the SUB-RECIPIENT 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 the SUB-RECIPIENT. 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 terrrt'inate the current award for <br /> the SUBRECIPIENT's program; <br /> d. Withhold further awards for the program; or Take other <br /> remedies that may be legally available including, but not limited <br /> to, seeking compensatory and/or liquidated damages for breach <br /> of this Agreement, or injunctive or equitable relief in any court of <br /> competent jurisdiction. <br /> • Termination for Convenience by CITY or SUB-RECIPIENT: Either the CITY or <br /> SUBRECIPIENT may terminate the award of funds under this Agreement in whole <br /> or in part if either determines that the foals indicated in the SUB-RECIPIENT's <br /> r <br /> proposal cannot bemet. Termination is affected 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 Piot accomplish the purposes for which the award was made, it may terminate <br /> the entire award. <br /> IX. REGULAR MEETING REQUIREMENT:SUB-RECIPIENT agrees to meet on a regular or as needed <br /> basis with the designated staff member of the CITY's Neighborhood Services Division to <br /> discuss general and/or specific issues of this Agreement and to review the required reports. <br /> Furthermore, SUB-RECIPIENT agrees to cooperate fully in any monitoring program, including <br /> on-site monitoring,developed, implemented or conducted by the CITY or by U.S. Department <br /> of Treasury. <br /> X. RECORD REQUIREMENTS: SUB-RECIPIENT shall provide the CITY, U.S. Department of <br /> Treasury, the Inspector General of the United States or any of their duly authorized <br /> 4 <br />