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Association of Bay Area Governments 19-REAP-13915 Page 4 of 9 (Rev. 5/28/2020) <br /> EXHIBIT D <br /> <br />Regional Early Action Planning Grants (REAP) <br />NOFA Date: October 10, 2019 <br />Approved Date: March 30, 2020 <br />Prep. Date: (date inserted by Contract Manager when each SA is created) <br /> <br />D. Both the Grantee and the Department have the right to terminate the Standard <br />Agreement at any time upon 30 days written notice. The notice shall specify the <br />reason for early termination and may permit the Grantee or the Department to <br />rectify any deficiency(ies) prior to the early termination date. The Grantee shall <br />submit any requested documents to the Department within 30 days of the early <br />termination notice. <br /> <br />E. A strong implementation component for the funded activity through this Program <br />is required, including, where appropriate, agreement by Grantee and its <br />subcontractors to formally adopt or complete a planning or other activity <br />consistent with the NOFA. The Grantee must carry out provisions to ensure the <br />adoption or completion of activities in accordance with the NOFA, including <br />activities subcontracted to localities. Grantee may be subject to repayment of the <br />grant should the Grantee or any of its subcontractors under this agreement fail to <br />adopt or complete activities set forth in its application, this Agreement or any <br />amendments to this Agreement. <br /> <br />F. The following shall each constitute a breach of this Agreement: <br /> <br />1) Grantee’s failure to comply with any term or condition of this Agreement. <br /> <br />2) Use of, or permitting the use of, grant funds provided under this Agreement <br />for any ineligible costs or for any activity not specified and approved under <br />this Agreement. <br /> <br />3) Any failure to comply with the deadlines set forth in this Agreement unless <br />approved by the Program Manager in writing. <br /> <br />G. In addition to any other remedies that may be available to the Department in law <br />or equity for breach of this Agreement, the Department may at its discretion, <br />exercise a variety of remedies, including but not limited to: <br /> <br />1) Revoke existing REAP award(s) to the Grantee; <br /> <br />2) Require the return of unexpended REAP funds disbursed under this <br />Agreement; <br /> <br />3) Require repayment of REAP Funds disbursed and expended under this <br />agreement; <br /> <br />4) Seek a court order for specific performance of the obligation defaulted upon, <br />or the appointment of a receiver to complete the obligations in accordance <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575