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CI 6 3 <br />® a) Ineffective or improper use of grant funds; <br />b) Failure to comply with the terms and conditions of the Agreement; <br />C) Submission to the CITY of reports which are incorrect or <br />incomplete in any material respects, <br />d) Frustration or impossibility of performance, rendering the carrying <br />out of this Agreement improper or unfeasible. <br />In addition, the CITY may suspend or terminate payment of grant <br />funds if the LCEDC fails to make satisfactory progress towards <br />meeting the project services which are the subject of this Agreement, <br />and the determination of whether satisfactory progress has been <br />made shall be in the discretion of the CITY. <br />If for any reason the payment of grant funds is suspended or <br />terminated, the LCEDC agrees to promptly remit to the CITY all <br />payments previously received by the LCEDC which the CITY deems <br />to have been paid and received in violation of this Agreement. <br />(7) If for any reason the project as described in Exhibits "B" and °D" shall <br />® not satisfy the minimum conditions as set forth in those exhibits, then LCEDC shall <br />seek reimbursement of any deficiency from the party who received the incentives <br />made possible by this grant or appropriation and upon receipt of same shall remit <br />them promptly to the CITY. <br />(8) Any and all alterations in the restrictions and conditions upon the <br />grant of funds herein or alterations in the amount of this Budget attached hereto <br />shall be subject to prior review and written approval by the CITY. <br />(9) This Agreement and the grant funds which are the subject of this <br />Agreement are expressly non-assignable without the prior written consent and <br />approval of the CITY. <br />(10) Non-expendable property purchased under this Agreement shall <br />remain the property of the LCEDC, unless the attached conditions or Budget <br />provide that such property shall become the property of the CITY. <br />(11) The attached Exhibits are <br />a) The Budget, <br />b) Purposes and/or Restrictions/Conditions (including Exhibit D); <br />is and <br />c) Report Requirements. <br />18 of25 <br />