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<br />5~p 27 02 04:35p <br /> <br />DCA Public A~~i~~ance <br /> <br />8504872007 <br /> <br />p.21 <br /> <br />4. The monies necessary to fund this Agreement are <br />unavailable due to any failure to appropriate or oeher action or <br />inaction by Congress or the Lcgislacure. or due to any action of <br />the Office of the Comptroller Or the Office of Management and <br />Budget. <br />B. Upon the occurrence of anyone or more of the following <br />events, Graneee may at its option give notice in writing to <br />Subgran~ee to cure its failure of performance if such failure may <br />be cured. Upon the failure of Subgrantee to cure, Grantee m;).y <br />exercise anyone or more of ehe following remedies: <br />1. Terminate this Agreement upon noe les~ than fifteen (15) <br />days notice of such termination by certified letter to the <br />Subgrantee at the address specified in Article XXIiI of this <br />Agreemenc, such notice to take effect when delivered to <br />Subg'ranteei <br />2_ Commence a legal action for the judicial enforcement of <br />this Agreement; <br />3. Withhold the disbursement of any paymenc or. any portion <br />at a payment otherwise due and payable under this Agreement or <br />any other Agreement with Subgrantee: and <br />4. ~ake any oeher remedial actions which may otherwiBe be <br />avail~ble under law. <br />c. Grantee may terminate this Agreement tor any <br />misrepresentation of any material fact, for the failur.e or <br />nonperformance of any condicion or obligation under this <br />Agreemene, or for noncompliance wieh any applicable legal <br /> <br />..... 20 <br /> <br />20 <br /> <br />JIIlI\oC4.13.'-OR-PL <br />