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CCP 03062023
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CCP 03062023
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Last modified
3/3/2023 2:19:11 PM
Creation date
3/3/2023 2:18:12 PM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
3/6/2023
Meeting Type
Regular
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<br />material manner. <br /> <br /> Section 4.2 Remedies. Upon the occurrence of any breach or Event of Default, the <br />Authority may immediately, without notice to Grantee, suspend its performance under this <br />Agreement. After providing thirty (30) days written notice to Grantee of an Event of Default, but <br />only if the alleged Event of Default has not been fully cured within said thirty (30) days by Grantee, <br />the Authority may: (a) refrain from disbursing any further HOME-ARP funds; (b) demand that <br />any amount of HOME-ARP funds already disbursed to Grantee be immediately returned to the <br />Authority, and upon such demand, Grantee shall immediately return such proceeds to the <br />Authority; (c) take any action provided for in law to enforce compliance by the Grantee with the <br />terms of this Agreement; (d) terminate this Agreement by written notice; and (e) pursue whatever <br />action, including legal, equitable or administrative action, which may appear necessary or desirable <br />Agreement or to enforce the performance and observance of any obligation, agreement, or <br />covenant hereof. <br /> <br /> Section 4.3 . If any breach or Event of <br />Default has occurred as provided herein, then upon demand by the Authority, the Grantee shall <br />pay or reimb <br />by the Authority in connection with the enforcement of this Agreement, or in connection with the <br />protection or enforcement of the interests of the Authority in any litigation or in any action or <br />proceeding relating in any way to the transactions contemplated by this Agreement. <br /> <br /> Section 4.4 No Remedy Exclusive. No remedy herein conferred upon or reserved to the <br />Authority is intended to be exclusive of any other available remedy or remedies, but each and <br />every such remedy shall be cumulative and shall be in addition to every other remedy given under <br />this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission <br />to exercise any right or power accruing upon any Event of Default shall impair any such right or <br />power or shall be construed to be a waiver thereof, but any such right and power may be exercised <br />from time to time and as often as may be deemed expedient. In order to entitle the Authority to <br />exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice <br />as provided in Section 4.02. <br /> <br /> Section 4.5 No Additional Waiver Implied by One Waiver. In the event any agreement <br />contained in this Agreement should be breached by the Grantee and thereafter waived by the <br />Authority, such waiver shall be limited to the particular breach so waived and shall not be deemed <br />to waive any other concurrent, previous or subsequent breach hereunder. <br /> <br /> <br /> <br /> ARTICLE 5 <br />PROJECT REQUIREMENTS <br /> <br />Section 5.1 The Project will meet all requirements of 24 CFR 92, unless specifically <br />otherwise stated in the HOME-ARP Notice, including, without limitation, those listed in Exhibit <br />B and as indicated below: <br />6 <br />RS160\\2\\858927.v1 <br /> <br />
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