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Payment will be withheld pending receipt and approval of all required <br /> documentation. <br /> IV. SUSPENSION OR TERMINATION: <br /> A. Suspension or Termination for Cause by CITY:The CONTRACTOR understands and <br /> agrees that if CONTRACTOR materially fails to comply with any or all provisions of <br /> this Agreement, the CITY may in its sole discretion suspend or terminate this <br /> Agreement. <br /> 1. Material non-compliance includes, but is not limited to, the following: <br /> a. Failure to comply with any of the rules, regulations, or provisions <br /> referred to herein, or such statutes, regulations, executive <br /> orders,and HUD guidelines,policies,or directives as may become <br /> applicable at any time; <br /> b. Failure, for any reason, of the CONTRACTOR 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 CONTRACTOR to the CITY,which are <br /> 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. Withhold cash payments pending correction of the deficiency by <br /> the CONTRACTOR; <br /> b. Disallow all or part of the cost of the activity or action not in <br /> compliance; <br /> c. Wholly or partially suspend or terminate the current award for <br /> the CONTRACTOR's program; <br /> d. Withhold further awards for the program;or take other remedies <br /> that may be 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 /> B. Termination for Convenience by CITY or CONTRACTOR: Either the CITY or <br /> CONTRACTOR may terminate this Agreement in whole or in part, if either <br /> determines that the foals cannot be met.Termination is affected by the initiating <br /> party upon receipt of written notification by the other party setting forth: (1) the <br /> reasons for termination; (2) the effective date of termination; (3) the portion <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 />