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02-12-2024 CC
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02-12-2024 CC
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Last modified
1/28/2025 4:46:27 PM
Creation date
4/9/2024 1:17:34 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
2/12/2024
Supplemental fields
City Council Document Type
Packets
Date
2/12/2024
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Section 4.02 Remedies. Upon the occurrence of an Event of Default, Authority may <br />immediately, without notice to Grantee, suspend its performance under this Agreement. After <br />providing thirty (30) days written notice to Grantee of an Event of Default, but only if the alleged <br />Event of Default has not been fully cured within said thirty (30) days by Grantee, Authority may: <br />(a) refrain from disbursing any further Funds' (b) demand that any amount of Funds already <br />disbursed to Grantee be immediately returned to Authority, and upon such demand, Grantee shall <br />immediately return such proceeds to Authority; (c) terminate this Agreement by written notice; <br />and (d) pursue whatever action, including legal, equitable or administrative action, which may <br />appear necessary or desirable to collect all costs (including reasonable attorneys' fees) and any <br />amounts due under this Agreement or to enforce the performance and observance of any <br />obligation, agreement, or covenant hereof. <br />Section 4.03 Authority's Costs of Enforcement of Agreement. If an Event of Default has <br />occurred as provided herein, then upon demand by Authority, Grantee shall pay or reimburse <br />Authority for all expenses, including all attorneys' fees and expenses incurred by Authority in <br />connection with the enforcement of this Agreement, or in connection with the protection or <br />enforcement of the interests of Authority in any litigation or in any action or proceeding relating <br />in any way to the transactions contemplated by this Agreement. <br />Section 4.04 No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />Authority is intended to be exclusive of any other available remedy or remedies, but each and <br />every such remedy shall be cumulative and shall be in addition to every other remedy given under <br />this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission <br />to exercise any right or power accruing upon any Event of Default shall impair any such right or <br />power or shall be construed to be a waiver thereof, but any such right and power may be exercised <br />from time to time and as often as may be deemed expedient. In order to entitle Authority to <br />exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice <br />as provided in Section 4.02. <br />Section 4.05 No Additional Waiver Implied by One Waiver. In the event any agreement <br />contained in this Agreement should be breached by Grantee and thereafter waived by Authority, <br />such waiver shall be limited to the particular breach so waived and shall not be deemed to waive <br />any other concurrent, previous or subsequent breach hereunder. <br />ARTICLE 5 <br />ACCOUNTING, AUDIT, AND REPORTING REQUIREMENTS <br />Section 5.01 Accounting and Records. Grantee agrees to establish and maintain <br />complete, accurate and detailed accounts and records relating to the receipt and expenditure of all <br />Funds received under this Agreement. Such accounts and records shall be kept and maintained by <br />Grantee for a period of six (6) years following the termination of this Agreement. Accounting <br />methods shall be in accordance with generally accepted accounting principles. <br />Section 5.02 Audits. The accounts and records of Grantee described in Section 5.01 shall <br />be audited in the same manner as all other accounts and records of Grantee and may, for a period <br />7 <br />
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