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C. Affirmative Marketing. If HOME funds will be used for housing containing <br /> five (5) or more assisted units, The Sublessee must prepare and submit an Affirmative Marketing <br /> Plan to the County. <br /> d. Termination of Agreement. The full benefit of the Project will be realized only <br /> after the completion of the affordability periods for all Project dwelling units. It is the County's <br /> intention that the full public benefit of the Project shall be completed under the auspices of the <br /> Sublessee for the assisted units as follows: <br /> In the event that the Sublessee is unable to proceed with any aspect of the Project in a timely <br /> manner, and County and the Sublessee determine that reasonable extension(s) for completion <br /> will not remedy the situation, then The Sublessee will retain responsibility for requirements for <br /> any dwelling units assisted and County will make no further payments to the Sublessee. <br /> In the event that the Sublessee, prior to the contract completion date, is unable to continue to <br /> function due to, but, not limited to, dissolution or insolvency of the organization, its filing a <br /> petition for bankruptcy or similar proceedings, or is adjudged bankrupt or fails to comply or <br /> perform with provisions of this agreement, then the Sublessee shall, upon the County's request, <br /> convey to the County the Property assisted with HOME funds. Conveyance shall be at the sole <br /> discretion of County and on a Project dwelling unit by Project dwelling unit basis. <br /> Conveyance shall be on the terms set forth herein: <br /> Conveyance shall occur within thirty (30) days of County and the Sublessee's agreement of the <br /> Sublessee's inability to continue as a viable organization. The Sublessee shall convey the <br /> Property to the County by general warranty deed, free and clear of all liens and encumbrances of <br /> record except those which create a beneficial interest in County (Declaration of Restrictive <br /> Covenants and Deed of Trust). <br /> e. Default, Remedies. This Agreement may be terminated by a non-defaulting <br /> party upon an event of default hereunder, after written notice thereof and thirty (30) days grace <br /> period in which the defaulting party may act to cure. As used herein, the term "an event of <br /> default" shall mean and refer to a failure or act of omission by either party with respect to any <br /> undertaking, obligation, covenant or condition as set forth in this Agreement. With respect to <br /> any event of default, the non-defaulting party may exercise any right available to it at law or in <br /> equity with respect to such default. <br /> f. Books and Records. The Sublessee shall maintain records of its grant <br /> requirements under this contract for a period of not less than five (5) full fiscal years following <br /> the contract completion date. <br /> i. The Sublessee shall ensure access to records and financial statements, as <br /> necessary, to provide effective monitoring and evaluation of project performance. Additionally, <br /> The Sublessee shall submit a copy of its annual audit to the County. <br /> 28 <br />