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• 9. SUSPENSION OR TERMINATION <br /> A. If the Subrecipient materially fails to comply with any term of this Agreement or <br /> so fails to administer the work as to endanger the performance of this Agreement, <br /> this shall constitute noncompliance and a default. Unless the Subrecipient's <br /> default is excused by the Recipient, the Recipient may take one or more of the <br /> actions prescribed in 24 CFR 85.43, including the option of immediately cancelling <br /> this Agreement in its entirety. <br /> B. The Recipient's failure to insist upon strict performance of any provision or to <br /> exercise any right under this Agreement shall not be deemed a relinquishment or <br /> waiver of the same. Such consent shall not constitute a general waiver or <br /> relinquishment throughout the entire term of the Agreement. <br /> C. This Agreement may be cancelled with or without cause by either party upon <br /> thirty (30) days' written notice according to the provisions in 24 CFR 85.44. <br /> D. CDBG funds allocated to the Subrecipient under this Agreement may not be <br /> obligated or expended by the Subrecipient following such date of termination. <br /> Any funds allocated to the Subrecipient under this Agreement which remain <br /> unobligated or unspent following such date of termination shall automatically <br /> revert to the Recipient. <br /> 10. REVERSION OF ASSETS <br /> Upon expiration or termination of this Agreement, the Subrecipient shall transfer to the <br /> Recipient any CDBG funds on hand or in the accounts receivable attributable to the use <br /> of CDBG funds, including CDBG funds provided to the Subrecipient in the form of a loan. <br /> Any real property under the control of the Subrecipient that was acquired or improved, <br /> in 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 used for <br /> the general conduct of government until: <br /> (1) For units of general local government, five years from the date that the unit <br /> of general local government is no longer considered by HUD to be a part of <br /> Urban Hennepin County. <br /> (2) For any other Subrecipient, five years after expiration of this Agreement; or <br /> B. Not used in accordance with A. above, in which event the Subrecipient shall pay <br /> to the Recipient an amount equal to the current market value of the property less <br /> any portion of the value attributable to expenditures of non-CDBG funds for <br /> acquisition of, or improvement to, the property. The payment is program income <br /> to the Recipient. No payment is required after the period of time specified in A. <br /> above. <br /> • <br /> 4 <br />