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<br />CDBG Subrecipient Agreement between City of San Leandro and July 1, 2020 <br />Asian Health Services for Mental Health Warmline Services Page 14 of 17 <br /> <br /> <br />injured party shall continue performing its obligations hereunder so long as the injuring party <br />commences to cure such default within ten (10) days of service of such notice and completes the <br />cure of such default within thirty (30) days after service of the notice, or such longer period as may <br />be permitted by the injured party; provided that if the default is an immediate danger to the health, <br />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 <br />compliance with this Agreement. Compliance with the provisions of this Section shall be a <br />condition precedent to termination of this Agreement for cause and to any legal action, and such <br />compliance shall not be a waiver of any party's right to take legal action in the event that the <br />depute is not cured. <br /> <br />8.3 Remedies Upon Default by Subrecipient. In addition to any other rights or <br />remedies available at law or in equity, if Subrecipient fails to fulfill its obligations under this <br />Agreement, City may, after compliance with the provisions of Section 8.2: <br /> <br />a. Temporarily withhold payment of CDBG funds pending correction of the <br />default by Subrecipient; <br /> <br />b. Refuse to advance all or any part of the CDBG funds for the project and <br />reallocate said funds to another activity; <br /> <br />c. Wholly or partially suspend or terminate the award and this Agreement; and; <br /> <br />d. 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 <br />were not expended in compliance with the requirements of this Agreement, the Act or the <br />Regulations. <br /> <br />8.4 Termination for Convenience. This Agreement may be terminated for <br />convenience as provided in 24 CFR Section 85.44. <br /> <br />8.5 Waiver. No delay or omission in the exercise of any right or remedy by a non- <br />defaulting party on any default shall impair such right or remedy or be construed as a waiver. A <br />party's consent to or approval of any act by the other party requiring the party's consent or approval <br />shall not be deemed to waive or render unnecessary the other party's consent to or approval of any <br />subsequent act. Any waiver by either party of any default must be in writing and shall not be a <br />waiver of any other default concerning the same or any other provision of this Agreement. <br /> <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and <br />remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the <br />parties are cumulative and the exercise by either party of one or more of such rights or remedies <br />shall not preclude the exercise by it, at the same or different times, of any other rights or remedies <br />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 <br />legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any <br />default, to complete specific performance of this Agreement, to obtain declaratory or injunctive <br />relief, or to obtain any other remedy consistent with the purposes of the Agreement. <br /> <br />124