Laserfiche WebLink
is in compliance with this contract. Compliance with the provisions of this Section shall <br />be a condition precedent to termination of this contract for cause and to any legal <br />action, and such compliance shall not be a waiver of any party's right to take legal <br />action in the event that the depute is not cured. <br />7.3 Remedies Upon Default by Subrecipient. In addition to any other rights <br />or remedies available at law or in equity, if Subrecipient fails to fulfill its obligations <br />under this contract, City may, after compliance with the provisions of Section 7.2: <br />a. Temporarily withhold payment of CDBG funds pending correction <br />of the default by Subrecipient; <br />b. Refuse to advance all or any part of the CDBG funds for the project <br />and reallocate said funds to another activity; <br />c. Wholly or partially suspend or terminate the award and this <br />contract; and; <br />d. Withhold further awards for the project and/or the facility; and <br />e. Require Subrecipient to repay any CDBG funds that the City <br />determines were not expended in compliance with the requirements of this contract, the <br />Act or the regulations. <br />7.4 Termination for Convenience. This contract may be terminated for <br />convenience as provided in 24 CFR Section 85.44. <br />7.5 Waiver. No delay or omission in the exercise of any right or remedy by a <br />nondefaulting party on any default shall impair such right or remedy or be construed as <br />a waiver. A party's consent to or approval of any act by the other party requiring the <br />party's consent or approval shall not be deemed to waive or render unnecessary the <br />other party's consent to or approval of any subsequent act. Any waiver by either party <br />of any default must be in writing and shall not be a waiver of any other default <br />concerning the same or any other provision of this contract. <br />7.6 Rights and Remedies are Cumulative. Except with respect to rights <br />and remedies expressly declared to be exclusive in this contract, the rights and <br />remedies of the parties are cumulative and the exercise by either party of one or more <br />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 <br />other party. <br />15 <br />Agreement for Landlord Tenant Counseling Services, FY 2004-05 <br />City of San Leandro <br />G:\cd\all council materia1~2004 07-19; Consent; Fair Housing\Agreement 2004-05-FH_doc <br />