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CDBG Loan Agreement 7/1/2023 Between City of San Leandro and Building Futures with Women and Children Page 10 of 18 a) Seek specific performance to enforce the terms of this Agreement; b) Accelerate and declare the balance of the ARPA and CDBG Note and interest accrued thereon immediately due and payable; c) Pursue any and all other remedies available under any other Loan Document; d) RESERVED. e) Pursue any and all other remedies available under law to enforce the terms of this Agreement and City's rights hereunder. 5.3 REMEDIES CUMULATIVE. Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein. The City may exercise from time to time any rights and remedies available to it under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement or in any other instrument or notice, demand or legal process of any kind. ARTICLE VI FEDERAL REQUIREMENTS 6.1 GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Participant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. In particular, Participant agrees to comply with all applicable provisions of the Housing and Community Development Act of 1974 (Public Law 93-383) and regulations promulgated pursuant thereto. Participant also agrees to carry out activities in compliance with the requirements of Subpart K of 24 CFR 570. 6.2. RECORDS. Participant shall keep and maintain at the Project, or elsewhere with the City's written consent, full, complete and appropriate books, record and accounts relating to this Agreement and the construction of the Improvements, including all such books, records and accounts necessary or prudent to evidence and substantiate in full detail Participant's compliance with the terms and provisions of this Agreement. Books, records and accounts relating to Participant's compliance with the terms, provisions, covenants and conditions of this Agreement shall be kept and maintained in accordance with generally accepted accounting principles consistently applied, and shall be consistent with all requirements of this Agreement. All such books, records, and accounts shall be open to and available for inspection and copying by HUD, the City, its auditors or other authorized representatives at reasonable intervals during normal business hours. Copies of all tax returns and other reports that Participant may be required to furnish to any governmental agency shall at all reasonable times be open for inspection by the City at the place that the books, records and accounts of the Participant are kept. Participant shall preserve such records for a period of not less than five (5) years after the creation of such records in compliance with all HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the ARPA and CDBG Loan is pending at the end of the record retention period stated herein, then Participant shall retain such records until such action and all related issues are resolved. Such records shall include all invoices, receipts, and other documents related to expenditures from the ARPA