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2 <br /> <br />a. The CARES Act provides that payments from the Fund may only be used to cover <br />costs that: <br />i. are necessary expenditures incurred due to the public health emergency with <br />respect to the Coronavirus Disease 2019 (COVID–19); <br />ii. were not accounted for in the budget most recently approved as of March <br />27, 2020 (the date of enactment of the CARES Act) for the State or <br />government; and <br />iii. were incurred during the period that begins on March 1, 2020, and ends on <br />November 15, 2020. <br /> <br />5. Representations and Warranties. <br />a. The District shall keep and maintain books, records, and other documents relating <br />directly to the receipt and disbursements and that any duly authorized representative <br />of the City shall, with reasonable advance notice, have access to and the right to <br />inspect, copy, audit, and examine all such books, records, and other documents of <br />the District pertaining to the Grant until the completion of all issues arising out of <br />this Grant. <br />b. The District warrants that to the best of its knowledge, it has fully complied with <br />all applicable state and federal laws reasonably relevant to this Agreement and will <br />continue to comply throughout the terms of this Agreement. <br />c. If at any time the District receives notice of noncompliance from any governmental <br />entity, the District agrees to take any necessary action to comply with the state or <br />federal law in question including reimbursing any disbursed funds that were <br />inappropriately spent. <br /> <br />6. Event of Default. <br />a. The following shall be Events of Default under this Agreement: <br />i. failure to submit any reimbursement requests within 60 days after the date <br />of this Agreement or <br />ii. any representation or warranty made by the District herein is false when <br />made. <br />b. Upon an Event of Default the City shall have the right to suspend or terminate its <br />performance under this Agreement. <br /> <br />7. Indemnification. <br />a. The District shall and does hereby agree to indemnify against and to hold the City, <br />and its officers, agents, and employees, harmless of and from any and all liability, <br />loss, or damage that it may incur under or by reason of this Agreement, and of and <br />from any and all claims and demands whatsoever that may be asserted against the <br />City by reason of any alleged obligations or undertakings on its part to perform or <br />discharge any of the terms, covenants, or agreements contained herein.