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08-15-05
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08-15-05
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1/12/2009 8:24:41 AM
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8/26/2005 12:46:30 PM
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<br />Hastings 2005 Subrecipient Agreement <br /> <br />Page 8 of 11 <br /> <br />1. Does not create a new Activity; <br />2. Does not delete an existing Activity in its entirety prior to any <br />expenditure; and <br />3. Does not involve the reallocation of more than $75,000 per Activity. <br /> <br />F. Waiver. The waiver of any of the rights and/or remedies arising under <br />the terms of this Agreement on anyone occasion by either party hereto <br />shall not constitute a waiver of any rights and/or remedies in respect to <br />any subsequent breach or default of the terms of this Agreement. The <br />rights and remedies provided or referred to under the terms of the <br />Agreement are cumulative and not mutually exclusive. <br /> <br />G. Liability. Notwithstanding any other provision of this Agreement to the <br />contrary, the Sub recipient shall not be relieved of liability to the Grantee <br />for damages sustained by the Grantee by virtue of any breach of this <br />Agreement by the Subrecipient, and the Grantee may withhold any <br />payments to the Subrecipient for the purpose of set-off until such time <br />as the exact amount of damages due the Grantee from the <br />Subrecipient is determined. <br /> <br />H. <br /> <br />Entire Aareement. This Agreement, as well as Exhibits A through M, <br />which are attached hereto and. incorporated herein by reference, shall <br />constitute the entire agreement between the parties and shall <br />supersede all prior oral6r written negotiations. <br /> <br />! <br /> <br />I. HUD Approval. It js expressly understood between the parties that this <br />Agreement is contingent upon the approval of HUD and its <br />authorization of grant monies to the Grantee for the purpose of this <br />Agreement. <br /> <br />~ <br /> <br />J. Violation of Law. Should any of the above provisions be subsequently <br />determined by a Court of competent jurisdiction to be in violation of any <br />Federal or State Law or to be other wise invalid, both parties agree that <br />only those provisions so adjudged shall be invalid and that the <br />remainder of this Agreement shall remain in full force and effect. <br /> <br />K. Discrimination. The Subrecipient agrees to comply with all Federal, <br />State and local laws and ordinances as they pertain to unlawful <br />discrimination on account of race, color, creed, religion, national origin, <br />sex, marital status, status with regard to public assistance, disability, or <br />age. <br /> <br />L. Applicable Laws. The Subrecipient further agrees to comply with all <br />Federal, state, and local laws or ordinances, and all applicable rules, <br />regulations, and standards established by any agency of such <br />governmental units, which are now or hereafter promulgated insofar as <br />
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