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Z <br /> A default shall consist of any use of Grant Funds for a purpose other <br /> than as authorized by this Agreement , noncompliance with the Act, Rule , any <br /> material breach of the Agreement , failure to expend Grant Funds in a timely <br /> manner , or misrepresentations in the Application submissions , which , if known <br /> by HUD , would have resulted in a grant not being provided . Upon due notice to <br /> the Recipient of the occurrence of any such default and the provision of a <br /> reasonable opportunity to respond , HUD may take one or more of the following <br /> actions : <br /> (a) direct the Recipient to submit progress schedules for completing <br /> approved activities ; <br /> (b) issue a letter of warning advising the Recipient of the default , <br /> establishing a date by which corrective actions must be completed <br /> and putting the Recipient on notice that more serious actions will <br /> be taken if the default is not corrected or is repeated ; <br /> (c) direct Recipient to establish and maintain a management plan <br /> that assigns responsibility for carrying out remedial actions ; <br /> (d) direct the Recipient to suspend , discontinue or not incur costs for <br /> the affected activity; <br /> (e) reduce or recapture the grant; <br /> (fl direct the Recipient to reimburse the program accounts for costs <br /> inappropriately charged to the program; <br /> (g) continue the Grant with a substitute Recipient selected by HUD ; <br /> (h) other appropriate action including, but not limited to , any <br /> remedial action legally available , such as affirmative litigation <br /> seeking declaratory judgment, <br /> specific performance , damages , temporary or permanent <br /> injunctions and any other available remedies . <br /> No delay or omissions by HUD in exercising any right or remedy available <br /> to it under the Agreement shall impair any such right or remedy or constitute a <br /> waiver or acquiescence in any Recipient default . <br /> This Agreement constitutes the entire agreement between the parties <br /> hereto , and may be amended only in writing executed by HUD and the <br /> Recipient. More specifically, Recipient shall not change sponsor or population <br /> to be served, or make any other change inconsistent with the Application , <br /> without the prior approval of HUD . No change may be made to the project( s) <br /> nor any right, benefit, or advantage of the Recipient or Sponsor hereunder be <br /> assigned without prior written approval of HUD . The effective date of the <br /> Agreement shall be the date of execution by HUD . HUD will recapture <br /> unobligated balances at the end of the grant period . <br />