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i. In the event that CASA is unable to proceed with any aspect of the Project in a timely <br />manner, and County and CASA determine that reasonable extension(s) for <br />completion will not remedy the situation, then CASA will retain responsibility for <br />requirements for any dwelling units assisted and County will make no further <br />payments to CASA <br />ii. In the event that CASA, 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 <br />filing a petition for bankruptcy or similar proceedings, or is adjudged bankrupt or <br />fails to comply or perform with provisions of this agreement, then CASA shall, upon <br />the County's request, convey to the County the Property assisted with funds. <br />Conveyance shall be at the sole discretion of County and on a Project dwelling unit <br />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 CASA's agreement of <br />CASA's inability to continue as a viable organization. CASA shall convey the <br />Property to the County by general warranty deed, free and clear of all liens and <br />encumbrances of record except those which create a beneficial interest in County <br />(Declaration of Restrictive Covenants and Deed of Trust). <br />b. Default, Remedies. This Agreement may be terminated by anon-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 />c. Books and Records. CASA shall maintain records of its requirements under this <br />contract for a period of not less than five (5) full fiscal years following the contract completion <br />date. <br />i. CASA shall ensure access to records and financial statements, as necessary, to <br />provide effective monitoring and evaluation of project performance. Additionally, <br />CASA shall submit a copy of its annual audit to the County. <br />Upon reasonable advance notice, County or its authorized representatives may from time <br />to time inspect, audit, and make copies of any of CASA's records that relate to this <br />contract. If any audit by County discloses that payments to CASA were in excess of the <br />amount to which CASA was entitled under this contract, CASA shall promptly pay to <br />County the amount of such excess. If the excess is greater than 1% of the contract <br />amount, CASA shall also reimburse County its reasonable costs incurred in performing <br />4 <br />