Laserfiche WebLink
<br />performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) <br />days of service of such notice and completes the cure of such default within thirty (30) days after service of the <br />notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate <br />danger to the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the <br />foregoing, the City may suspend any further payment of CDBG funds until Subrecipient is in compliance with this <br />contract. Compliance with the provisions of this Section shall be a condition precedent to termination of this contract <br />for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action <br />in the event that the depute is, not cured. <br /> <br />8.3 Remedies Upon Default by Subrecipient. In addition to any other rights or remedies available at <br />law or in equity, if Subrecipient fails to fulfill its obligations under this contract, City may, after compliance with the <br />provisions of Section 8.2: <br /> <br />a. Temporarily withhold payment of CDBG funds pending correction of the default by <br /> <br />Subrecipient; <br /> <br />b. <br />to another activity; <br /> <br />Refuse to advance all or any part of the CDBG funds for the project and reallocate said funds <br /> <br />c. <br /> <br />Wholly or partially suspend or terminate the award and this contract; and; <br /> <br />d. <br /> <br />Withhold further awards for the project and/or the facility; and <br /> <br />e. Require Subrecipient to repay any CDBG funds that the City determines were not expended <br />in compliance with the requirements of this contract, the Act or the regulations. <br /> <br />8.4 Termination for Convenience. This contract may be terminated for convenience as provided in 24 <br />CFR Section 85.44. <br /> <br />8.5 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on <br />any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any <br />act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary <br />the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in <br />writing and shall not be a waiver of any other default concerning the same or any other provision of this contract. <br /> <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this contract, the rights and remedies of the parties are cumulative and the exercise by <br />either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br />times, of any other rights or remedies for the same default or any other default by the other party. <br /> <br />8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law <br />or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific <br />performance of this contract, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with <br />the purposes of the contract. <br /> <br />8.8 Attorneys' Fees. If either party to this contract is required to initiate or defend or made a party to <br />any action or proceeding in any way connected with this contract, the prevailing party in such action or proceeding, <br />in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable <br />attorney's fees. Attorney fees shall include attorney's fees on any appeal, and in addition a party entitled to <br />attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and <br />discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be <br />deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is <br />prosecuted to judgment. <br /> <br />- 10 - <br /> <br />CDBO Agreement with BFWC FY07-08 <br />G:ICOMMUNITY DEVELOPMEN11HOUSING SERVICES DlVISIOMCDBGISUBREClPIENTSlBuilding Futures With WO"'fin and Children (BFWC)IFY2007- <br />08IFY 07-08 BFWC CDBG Subrecipient Agreement. doc <br />