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Page 2 of 3 <br /> Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive <br /> services required by the participants in the program; to assure the adequate provisions of <br /> supportive services to the participants in the program; to be responsible for overall <br /> administration of this grant, including overseeing any sub-recipients, contractors and <br /> subcontractors; and to comply with such other terms and conditions, including record keeping <br /> and reports (which must include racial and ethnic data on participants for program monitoring <br /> and evaluation purposes), as the Secretary may establish for purposes of carrying out the <br /> program in an effective and efficient manner. <br /> The recipient and project sponsor, if any, will not knowingly allow illegal activities in <br /> any unit assisted with S+C funds. <br /> A default shall consist of any use of Grant Funds for a purpose other than as authorized <br /> by this Agreement, noncompliance with the Act, Rule, any material breach of the Agreement, <br /> failure to expend Grant Funds in a timely manner, or misrepresentations in the Application <br /> submissions that, if known by HUD, would have resulted in a grant not being provided. Upon <br /> due notice to 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 actions : <br /> (a) direct the Recipient to submit progress schedules for completing approved activities; <br /> (b) issue a letter of warning advising the Recipient of the default, establishing a date by <br /> which corrective actions must be completed and putting the Recipient on notice that <br /> more serious actions will be taken if the default is not corrected or is repeated; <br /> (c) direct Recipient to establish and maintain a management plan that assigns <br /> responsibility for carrying out remedial actions; <br /> (d) direct the Recipient to suspend, discontinue or not incur costs for the affected <br /> activity: <br /> (e) reduce or recapture the grant; <br /> (f) direct the Recipient to reimburse the program accounts for costs inappropriately <br /> 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 remedial action legally <br /> available, such as affirmative litigation seeking declaratory judgment, specific <br /> performance, damages, temporary or permanent injunctions and any other available <br /> remedies. <br /> No delay or omissions by HUD in exercising any right or remedy available to it under the <br /> Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any <br /> Recipient default. <br />