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ERF Grant (Revised 09/2024) <br />offense relating to any COUNTY, State of Minnesota, or federal grant. <br />Additionally, if COUNTY finds that there has been a violation of any state, <br />federal, or local law, COUNTY may upon written notice immediately terminate <br />this Agreement in its entirety and may withhold or delay disbursement of Grant <br />Funds. In the event of a decision to withhold or delay disbursement, COUNTY <br />shall furnish prior written notice to GRANTEE specifically identifying the reason <br />for withholding or delaying such disbursement. <br />D.If COUNTY finds GRANTEE has failed to comply with the provisions of this <br />Agreement, that reasonable progress has not been made toward commencement or <br />completion of the Project, notwithstanding any other provisions of this Agreement <br />to the contrary, and after written notice and reasonable opportunity to cure, <br />COUNTY may refuse to disburse additional Grant Funds and/or require the return <br />of all or part of the Grant Funds already disbursed, to the extent such Grant Funds <br />were used for purposes other than the Grant Requirements contemplated by this <br />Agreement. <br />E.Notwithstanding any provision of this Agreement to the contrary, GRANTEE <br />shall remain liable to COUNTY for damages sustained by COUNTY by virtue of <br />any breach of this Agreement by GRANTEE. <br />F.The above remedies shall be in addition to any other right or remedy available to <br />COUNTY under this Agreement, law, statute, rule, and/or equity. COUNTY’s <br />failure to insist upon strict performance of any provision or to exercise any right <br />under this Agreement shall not be deemed a relinquishment or waiver of the same, <br />unless consented to in writing. Such consent shall not constitute a general waiver <br />or relinquishment throughout the entire term of the Agreement. <br />G.If this Agreement expires or is terminated, with or without cause, by either party, <br />at any time, GRANTEE shall not be entitled to any Grant Funds except for <br />reimbursements duly invoiced for completed Grant Requirements pursuant to this <br />Agreement. <br />H.GRANTEE has an affirmative obligation, upon written notice by COUNTY that <br />this Agreement may be suspended or terminated, to follow reasonable directions <br />by COUNTY, or absent directions by COUNTY, to exercise a fiduciary <br />obligation to COUNTY, before incurring or making further costs, expenses, <br />obligations or encumbrances arising out of or related to this Agreement. <br />15. SURVIVAL OF PROVISIONS <br />Provisions that by their nature are intended to survive the term or termination of this <br />Agreement do survive such term or termination. Such provisions include but are not <br />limited to: PARTY RELATIONSHIP; INDEMNIFICATION; INSURANCE; DUTY TO <br />NOTIFY; DATA, SYSTEMS, AND INTELLECTUAL PROPERTY; RECORDS- <br />44