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35. PARAGRAPH HEADINGS. Paragraph headings and sub -Paragraph <br />headings as used herein are for convenience only and will not be deemed to alter or <br />modify the provisions of the Paragraphs or sub -Paragraphs headed thereby. <br />36. SEVERABILITY. If any provision of this Agreement is held invalid, the <br />remainder of the Agreement shall not be affected thereby and all other parts of this <br />Agreement shall nevertheless be in full force and effect. <br />37. WAIVER. City's failure to act with respect to a breach by Subrecipient does not <br />waive its right to act with respect to subsequent or similar breaches. The failure of City to <br />exercise or enforce any right or provision shall not constitute a waiver of such right or <br />provision. <br />38. CLOSE-OUTS. Subrecipient's obligation to City shall not end until all close-out <br />requirements are completed. Activities during this close-out period shall include, but are <br />not limited to: making final payments, disposing of program assets (including the return <br />of all unused materials, equipment, unspent cash advances, program income balances, <br />and accounts receivable to City), and determining the custodianship of records. <br />Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during <br />any period that Subrecipient has control over CDBG funds, including program income. <br />REV: 08-17-2020 PR <br />[Signature Page Follows] <br />ATTY/AGR 2020 150/HUMAN INVESTMENT PROJECT (HIP HOUSING) (Page 17 of 20) <br />