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<br /> <br />a. Temporarily withhold payment of CDBG funds pending correction of <br />the default by Subrecipient; <br /> <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 /> <br />c. Wholly or partially suspend or terminate the award and this Agreement; <br />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 <br />determines were not expended in compliance with the requirements of this Agreement, the Act <br />or the 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. <br />A party's consent to or approval of any act by the other party requiring the party's consent or <br />approval shall not be deemed to waive or render unnecessary the other party's consent to or <br />approval of any subsequent act. Any waiver by either party of any default must be in writing <br />and shall not be a waiver of any other default concerning the same or any other provision of <br />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 <br />remedies shall not preclude the exercise by it, at the same or different times, of any other rights <br />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 <br />take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages <br />for any default, to complete specific performance of this Agreement, to obtain declaratory or <br />injunctive relief, or to obtain any other remedy consistent with the purposes of the Agreement. <br /> <br />8.8 Attorneys' Fees. If either party to this Agreement is required to initiate or <br />defend or made a party to any action or proceeding in any way connected with this Agreement, <br />the prevailing party in such action or proceeding, in addition to any other relief which may be <br />granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney <br />fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's <br />fees shall be entitled to all other reasonable costs for investigating such action, taking <br />depositions and discovery and all other necessary costs the court allows which are incurred in <br />such litigation. All such fees shall be deemed to have accrued on commencement of such <br />action and shall be enforceable whether or not such action is prosecuted to judgment. <br /> <br />9.0 CITY OFFICERS AND EMPLOYEES <br /> <br />9.1 Non-liability of City Officers and Employees. No officer or employee of the <br />City shall be personally liable to the Subrecipient, or any successor in interest, in the event of <br />146