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REV: 03-16-2021 PR <br />12. NONCOMPLIANCE BY SUBRECIPIENT. If Subrecipient fails to comply with <br />Federal statutes, regulations or the terms and conditions of this Agreement, City may <br />impose additional conditions, as described in 24 CFR Section 200.207. If City determines <br />that noncompliance cannot be remedied by imposing additional conditions, City may take <br />one or more of the following actions, as appropriate in the circumstances: <br />A. Temporarily withhold cash payments pending correction of the deficiency by <br />Subrecipient or more severe enforcement action by City; <br />B. Deny both use of funds and any applicable matching credit for all or part of the <br />cost of the activity or action not in compliance; <br />C. Wholly or partly suspend or terminate this Agreement and the Subaward; <br />D. Recommend that HUD initiate suspension or debarment proceedings as <br />authorized under 2 CFR Part 180 and HUD regulations (or in the case of a <br />pass-through entity, recommend such a proceeding be initiated by a Federal <br />awarding agency); <br />E. Withhold further awards for the project or program; or <br />F. Take other remedies that may be legally available. <br />13. TERMINATION. <br />A. In accordance with 2 CFR Section 200.339, City may suspend or terminate <br />this Agreement if Subrecipient materially fails to comply with any term of this Agreement <br />or the terms and conditions of the Subaward provided hereunder by providing written <br />notice to Subrecipient, which will state that the termination decision may be considered <br />in evaluating future applications received from Subrecipient. <br />B. In accordance with 2 CFR Section 200.339, City may terminate this <br />Agreement for cause by providing written notice to Subrecipient. <br />C. In accordance with 2 CFR Section 200.339, City may terminate this <br />Agreement for convenience with the consent of Subrecipient after both parties have <br />agreed upon the termination conditions, including the effective date and, in the case of <br />partial termination, the portion to be terminated. <br />ATTY/AGR.2021.055/Child Care Coordinating Council of San Mateo County (Page 7 of 21)