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foregoing, the City may suspend any further payment of CDBG funds until Subrecipient is in compliance with this <br />Agreement. Compliance with the provisions of this Section shall be a condition precedent to termination of this <br />Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take <br />legal action 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 Agreement, 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 />Subrecipient; <br /> <br />b. Refuse to advance all or any part of the CDBG funds for the project and reallocate said funds <br />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 were not expended <br />in compliance with the requirements of this Agreement, the Act or the Regulations. <br /> <br />8.4 Termination for Convenience. This Agreement may be terminated for convenience as provided in <br />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-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 Agreement. <br /> <br />8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise <br />by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or <br />different 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 Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent <br />with the purposes of the Agreement. <br /> <br />8.8 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to <br />any action or proceeding in any way connected with this Agreement, the prevailing party in such action or <br />proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to <br />reasonable attorney's fees. Attorney fees shall include attorney's fees on any appeal, and in addition a party entitled <br />to 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 />9.0 CITY OFFICERS AND EMPLOYEES <br /> <br />9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be <br />personally liable to the Subrecipient, or any successor in interest, in the event of any default or breach by the City or <br />for any amount that may become due to the Subrecipient or to its successor, or for breach of any obligation of the <br />terms of this Agreement. <br /> <br />9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or <br />indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the <br />316