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8. DATA PRIVACY <br /> The Subrecipient agrees to abide by the provisions of the Minnesota <br /> Government Data Practices Act and all other applicable state and federal <br /> laws, rules, and regulations relating to data privacy or confidentiality, <br /> and as any of the same may be amended. The Subrecipient agrees to defend <br /> and hold the Recipient, its officers, agents, and employees harmless from <br /> any claims resulting from the Subrecipient's unlawful disclosure and/or use <br /> of such protected data. <br /> 9. SUSPENSION OR TERMINATION <br /> A. If the Subrecipient materially fails to comply with any term of this <br /> Agreement or so fails to administer the work as to endanger the <br /> performance of this Agreement, this shall constitute noncompliance and <br /> a default. Unless the Subrecipient's default is excused by the <br /> Recipient, the Recipient may take one or more of the actions <br /> prescribed in 24 CFR 85.43, including the option of immediately <br /> cancelling this Agreement in its entirety. <br /> B. The Recipient's failure to insist upon strict performance of any <br /> provision or to exercise any right under this Agreement shall not be <br /> deemed a relinquishment or waiver of the same. Such consent shall not <br /> constitute a general waiver or relinquishment throughout the entire <br /> term of the Agreement. <br /> C. This Agreement may be cancelled with or without cause by either party • <br /> upon thirty (30) days' written notice according to the provisions in <br /> 24 CFR 85.44. <br /> D. CDBG funds allocated to the Subrecipient under this Agreement may not <br /> be obligated or expended by the Subrecipient following such date of <br /> termination. Any funds allocated to the Subrecipient under this <br /> Agreement which remain unobligated or unspent following such date of <br /> termination shall automatically revert to the Recipient. <br /> 10. REVERSION OF ASSETS <br /> Upon expiration or termination of this Agreement, the Subrecipient shall <br /> transfer to the Recipient any CDBG funds on hand or in the accounts <br /> receivable attributable to the use of CDBG funds, including CDBG funds <br /> provided to the Subrecipient in the form of a loan. Any real property <br /> under the control of the Subrecipient that was acquired or improved, in <br /> whole or in part, using CDBG funds in excess of $25,000 shall either be: <br /> A. Used to meet one of the national objectives in 24 CFR 570.208 and not <br /> used for the general conduct of government until: <br /> (1) For units of general local government, five years from the date <br /> that the unit of general local government is no longer considered <br /> by HUD to be a part of Urban Hennepin County; or <br /> (2) For any other Subrecipient, five years after expiration of this • <br /> Agreement. <br /> 4 <br />