R90-105 AUTHORIZING A DOWNSTATE OPERATING ASSISTANCE AGREEMENT

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� B. There is pending litigation which , in the opinion of the � Secretary, ma�y jeopardize the Grants or this Agreement; C. There has been, in connection with this grant, any violation of the State or Federal regulations, ordinances or statutes applicable to the Participant, its officers or employees which, in the opinion of the Secretary, affects this Agreement; D. Any contributions provided by the State pursuant to this Agreement are used for an inel i gibl e purpose; E. The Participant is unable to substantiate the proper use of the Grant funds provided pursuant to this Agreement; or F. The Participant is in default under any of the provisions of this Agreement. ITEM 20. RIGHT OF DEPARTMENT TO TERMINATE Upon written notice to the Participant, the Department reserves the righ t to suspend or terminate all or part of the financial assistance herein provided for when the Participant is, or has been, in violation of their terms of this Agreement or when the Department determines that the purpose of the Acts would not be adequately served by continuation of State financial assistance to the P roj ec t. Term i nati on of any part of the gra nt wi 11 not invalidate obligations properly incurred by the Participant and concurred i n by the Department pri or to the date of termi nati on, to the extent they are noncancelable. ITEM 21 . TITLES AND PRECEDENT The P a rti es agree th at the ti tl es of the Items of th i s Agreement, hereinabove set forth, are inserted for convenience of identification only and shall not be considered for any other purposes. This Agreement and its terms and definitions are for the sole purpose of arranging for grants pursuant to the Act and shall not govern, or be construed to govern, the rights or obligations of the Department or the Participant under any 1 aw other than the act or under any other agreement. 17