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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) <br />direct <br />the Recipient to establish and <br />maintain <br />a management plan <br />that <br />assigns <br />responsibilities for carrying out <br />remedial <br />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 />