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comply or perform with provisions of this agreement, then the HOME <br />Awardee shall, upon the County's request, convey to the County the <br />Property assisted with HOME funds. Conveyance shall be at the sole <br />discretion of County and on a Project dwelling unit by Project dwelling <br />unit basis. Conveyance shall be on the terms set forth herein: <br /> <br />a. Conveyance shall occur within thirty (30) days of County and the <br />HOME Awardee’s agreement of the HOME Awardee’s inability <br />to continue as a viable organization. <br /> <br />b. The HOME Awardee shall convey the Property to the County by <br />general warranty deed, free and clear of all liens and <br />encumbrances of record except those which create a beneficial <br />interest in County (Declaration of Restrictive Covenants and <br />Deed of Trust). <br /> <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 <br />(30) days grace period in which the defaulting party may act to cure. As used <br />herein, the term “an event of default” shall mean and refer to a failure or act of <br />omission by either party with respect to any undertaking, obligation, covenant or <br />condition as set forth in this Agreement. With respect to any event of default, the <br />non-defaulting party may exercise any right available to it at law or in equity <br />with respect to such default. Notwithstanding and in addition to the above, in <br />accordance with 24 CFR 200.338 and 24 CFR 200.339, this Agreement may be <br />suspended or terminated by the County, in whole or in part, if the HOME <br />Awardee materially fails to comply with any term of the Agreement. Remedies <br />for breach of the provisions of this Agreement include but are not limited to <br />repayment of any funds deemed to be expended in an ineligible manner. <br />Repayment of HOME funds is required if the housing does not meet the <br />affordability requirements for the HOME Affordability Period. <br /> <br />F. Books and Records. The HOME Awardee shall maintain records of its grant <br />requirements under this contract for a period of not less than five (5) full fiscal <br />years following the contract completion date. <br /> <br />1.The HOME Awardee shall ensure access to records and financial <br />statements, as necessary, to provide effective monitoring and evaluation <br />of project performance. Additionally, the HOME Awardee shall submit a <br />copy of its annual audit to the County. <br /> <br />2.Upon reasonable advance notice, County or its authorized representatives <br />may from time to time inspect, audit, and make copies of any of the <br />HOME Awardee’s records that relate to this contract. If any audit by <br />County discloses that payments to the HOME Awardee were in excess of <br />the amount to which the HOME Awardee was entitled under this <br />contract, the HOME Awardee shall promptly pay to County the amount <br />of such excess. If the excess is greater than 1% of the contract amount, <br />Docusign Envelope ID: 9307EECF-67A0-42F5-A601-DB137FFD8FA3