AgdaPkt 2017-06-26 Closed and Joint SA PFA

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ATTY/AGR/2017.145/ STAFFORD FUNDING AGREEMENT REV: 06-21-17 JS Page 9 of 41 in the same manner as for breach hereof. Any material deviation by Contractor for any reason from the requirements thereof, or from any other provision of this Agreement, shall constitute a breach of this Agreement and may be cause for termination at the election of City or upon the direction of HUD. City may terminate this Agreement for cause after giving Contractor notice of any breach or default and sixty (60) days to cure said breach or default, provided however, that in the event such breach or default cannot be cured within sixty (60) days, Contractor shall have such additional time to cure said default as is reasonably required, provided that Contractor has commenced to cure within the initial sixty (60) day period and is diligently prosecuting the cure. City reserves the right to waive any and all breaches of this Agreement, and any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event City chooses to waive a particular breach of this Agreement, it may condition the same on payment by Contractor of actual damages occasioned by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. The City may terminate this Agreement, by giving Contractor not less than five (5) days prior written notice, if CDBG, and/or HOME funds cease, for any reason, to be available to City. Nothing contained in this Paragraph 12 will be deemed to limit the right of the Parties to terminate this Agreement for cause or otherwise to exercise any right or pursue any remedy which may accrue to them. 13. CONTRACTOR'S STATUS. In the performance of the obligations set forth in this Agreement, Contractor will have the status of an independent contractor and will not be deemed to be an employee, agent or officer of City. 6.3.E. - Page 21