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A default shall consist of any use of grant funds for a purpose other than <br /> as authorized by this Grant Agreement, failure in the Recipient's duty to provide <br /> the supportive housing for the minimum term in accordance with the <br /> requirements of Attachment A. noncompliance with the Act or Attachment A <br /> provisions, any other material breach of the Grant Agreement, or <br /> misrepresentations in the application submissions which, if known by HUD, would <br /> have resulted in this grant not being provided . Upon due notice to the Recipient <br /> of the occurrence of any such default and the provision of a reasonable <br /> opportunity to respond, HUD may take one or more of the following actions : <br /> (a ) direct the Recipient to submit progress schedules for completing <br /> approved activities; or <br /> ( b) issue a letter of warning advising the Recipient of the default, <br /> establishing a date by which corrective actions must be completed and <br /> putting the Recipient on notice that more serious actions will be taken if <br /> the default is not corrected or is repeated ; or <br /> (c) direct the Recipient to establish and maintain a management plan <br /> that assigns responsibilities for carrying out remedial actions; or <br /> (d ) direct the Recipient to suspend, discontinue or not incur costs for <br /> the affected activity; or <br /> (e) reduce or recapture the grant; or <br /> (f) direct the Recipient to reimburse the program accounts for costs <br /> inappropriately charged to the program ; or <br /> (g ) continue the grant with a substitute recipient of HUD's choosing ; or <br /> ( h ) other appropriate action including, but not limited to, any remedial <br /> action legally available, such as affirmative litigation seeking declaratory <br /> judgment, specific performance, damages, temporary or permanent <br /> injunctions and any other available remedies . <br /> No delay or omission by HUD in exercising any right or remedy available <br /> to it under this Grant Agreement shall impair any such right or remedy or <br /> constitute a waiver or acquiescence in any Recipient default. <br /> For each operating year in which funding is received, the Recipient shall <br /> file annual certifications with HUD that the supportive housing has been provided <br /> in accordance with the requirements of the Grant Agreement. <br />