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14 <br /> Agreement, including but not limited to those described in 9 N.C.A.C. 3M.0401. These <br /> remedies include, but are not limited to, reducing or suspending Grant funds or terminating the <br /> Grant, including the withdrawal of all funds described in this Agreement except_ for funds <br /> already expended on otherwise eligible activities which may not be recaptured or deducted from <br /> future grants. The Board may also require Grantee to reimburse Grantee's Program account, or <br /> improperly expended funds by Grantee or any Subgrantee or other Third Party. Additionally,the <br /> Grant and the Program may be terminated by either parry for convenience. <br /> a. Upon.non-compliance with the applicable provisions of 9 N_C.A.C. 3M, the <br /> Board shall take measures under .0801 of that Subchapter to ensure that the requirements <br /> are met, including: communicating the requirements to the non-State entity; requiring a <br /> response from the non-State entity upon a determination of noncompliance; and <br /> suspending payments to the non-State entity until the non-State entity is in compliance. <br /> b. Pursuant to 9 N.C.A.C. 3M.0703(11), the Parties may terminate this Agreement <br /> with 60 day's notice by mutual consent, or as otherwise provided by law. Pursuant to 9 <br /> N.C.A.C. 3M.0703(13), unexpended grant funds shall revert back to the Board upon <br /> termination of the Agreement, unless otherwise provided by applicable laws, rules, <br /> regulations or orders. <br /> C. However, no termination of this Agreement or the Grant (i) removes Grantee's <br /> liability regarding any Grant funds improperly expended (including the Board's <br /> enforcement abilities to recover such funds) or (ii) removes Grantee's existing and <br /> continued obligations and liabilities with respect to- Grant funds already properly <br /> expended-(including the Board's enforcement abilities). <br /> 1-8. Entire Agreement. This Agreement supersedes all prior agreements between the 911 <br /> Board and Grantee, and expresses the entire understanding of the Parties with respect to the <br /> transactions contemplated herein, and shall not be amended, modified or altered except pursuant <br /> to a writing signed by both Parties. <br /> 19. Grantee Representation and Warranties. Grantee hereby represents and warrants that: <br /> a. Grantee is duly organized and validly existing as a unit of local government under <br /> the laws of the State of North Carolina. <br /> b. This Agreement constitutes a binding obligation of Grantee, enforceable against it <br /> in accordance with its terms. The execution and delivery of this Agreement have been <br /> duly authorized by all necessary action on the part of Grantee, and does not violate any <br /> applicable organizational documents of Grantee, or any agreement or undertaking to <br /> which it is a party or by which it is bound. <br /> C. There is no action, suit, proceeding, or investigation at law or in equity or before <br /> any court, public board or body pending, or to Grantee's knowledge, threatened against <br /> or affecting it, that could or might adversely affect the Project or any of the transactions <br /> contemplated by this Agreement or the validity or enforceability of this Agreement or <br /> Grantee's ability to discharge its obligations under this Agreement. <br /> d. All consents or approvals necessary from any governmental authority as a <br /> condition to the execution and delivery of this Agreement have been obtained by Grantee. <br /> Grantee shall provide the 911 Board with evidence of the existence of all such contracts <br /> at the time of the execution of this Agreement. <br /> Page 8of17 <br />