Common use of ADDITIONAL ENFORCEMENT ACTIONS Clause in Contracts

ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee): (a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located; (b) reduce the HOPE VI Grant in the amount affected by the default; (c) terminate the HOPE VI Grant as to all further activities and initiate closeout procedures; (d) recapture any HOPE VI Grant funds not obligated by the Grantee. (i) If the basis for the Grantee's default is its failure to comply with the reasonable time periods established by HUD under Article II(E), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i), recapture any HOPE VI Grant funds not obligated by the Grantee. (ii) If the Grantee fails to comply with the reasonable time periods established in Article II(E), HUD may take into account whether factors beyond the Grantee's control are the cause of the delay. (e) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (f) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.

ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee): (a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located; (b) reduce the HOPE VI Choice Neighborhoods Grant in the amount affected by the default; (cb) terminate the HOPE VI Choice Neighborhoods Grant as to all further activities and initiate closeout procedures; (dc) recapture any HOPE VI Choice Neighborhoods Grant funds not obligated by the Grantee. (i) If the basis for the Grantee's ’s default is its failure to comply with the reasonable time periods established by HUD under Article II(EIII(C), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i)(C)(3) of this Article, recapture any HOPE VI Choice Neighborhoods Grant funds not obligated by the Grantee. (ii) If the Grantee fails to comply with the reasonable time periods established in Article II(EIII(C), HUD may take into account whether factors beyond the Grantee's ’s control are the cause of the delay. (ed) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (fe) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under a PHA’s ACC and/or premised on HUD’s interest in the Grantee's ACChousing development established in the relevant Declaration of Trust or Declaration of Restrictive Covenants or housing assistance contract, as applicable.

ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee): (a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located; (b) a. reduce the HOPE VI Choice Neighborhoods Grant in the amount affected by the default; (c) b. terminate the HOPE VI Choice Neighborhoods Grant as to all further activities and initiate closeout procedures; (d) c. recapture any HOPE VI Choice Neighborhoods Grant funds not obligated by the Grantee. (i) i. If the basis for the Grantee's ’s default is its failure to comply with the reasonable time periods established by HUD under Article II(EIII(D), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i)(C)(3) of this Article, recapture any HOPE VI Choice Neighborhoods Grant funds not obligated by the Grantee. (ii) . If the Grantee fails to comply with the reasonable time periods established in Article II(EIII(D), HUD may take into account whether factors beyond the Grantee's ’s control are the cause of the delay. (e) d. take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (f) e. take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under a PHA’s ACC and/or premised on HUD’s interest in the Grantee's ACChousing development established in the relevant Declaration of Trust or Declaration of Restrictive Covenants or housing assistance contract, as applicable.

ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee): (a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located; (b) reduce the HOPE VI Grant in the amount affected by the default; (c) terminate the HOPE VI Grant as to all further activities and initiate closeout procedures; (d) recapture any HOPE VI Grant funds not obligated by the Grantee. (i) If the basis for the Grantee's default is its failure to comply with the reasonable time periods established by HUD under Article II(E), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i), recapture any HOPE VI Grant funds not obligated by the Grantee. (ii) If the Grantee fails to comply with the reasonable time periods established in Article II(E), HUD may take into account whether factors beyond the Grantee's control are the cause of the delay. (e) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (f) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACCACC and/or premised on HUD’s interest in the public housing development established in the relevant Declaration of Trust or Declaration of Restrictive Covenants, as applicable.

ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee): (a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located; (b) reduce the HOPE VI Choice Neighborhoods Grant in the amount affected by the default; (cb) terminate the HOPE VI Choice Neighborhoods Grant as to all further activities and initiate closeout procedures; (dc) recapture any HOPE VI Choice Neighborhoods Grant funds not obligated by the Grantee. (i) If the basis for the Grantee's ’s default is its failure to comply with the reasonable time periods established by HUD under Article II(EIII(C), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i)(C)(3) of this Article, recapture any HOPE VI Choice Neighborhoods Grant funds not obligated by the Grantee. (ii) If the Grantee fails to comply with the reasonable time periods established in Article II(EIII(C), HUD may take into account whether factors beyond the Grantee's ’s control are the cause of the delay. (ed) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (fe) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under a PHA Grantee’s ACC and/or premised on HUD’s interest in the Grantee's ACChousing development established in the relevant Declaration of Trust or Declaration of Restrictive Covenants or housing assistance contract, as applicable.

ADDITIONAL ENFORCEMENT ACTIONS. If HUD determines that the remedial actions taken by HUD under paragraph (C)(4) of this Article have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph (C)(4) and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph (C)(2) of this Article to institute any of the following actions, HUD may take any of the following remedial or enforcement actions (in addition to any of the remedies permitted under paragraph (C) of this Article upon written notice to the Grantee): (a) petition for the appointment of a receiver (which may be a public housing agency, a private management corporation, or some other entity) for the HOPE VI Development to any district court of the United States or to any court of the State in which the Development is located; (b) reduce the HOPE VI Grant in the amount affected by the default; (c) terminate the HOPE VI Grant as to all further activities and initiate closeout procedures; (d) recapture any HOPE VI Grant funds not obligated by the Grantee. (i) If the basis for the Grantee's default is its failure to comply with the reasonable time periods established by HUD under Article II(EII(D), HUD shall, in accordance with section 24(i) of the 1937 Act, and unless otherwise approved by HUD under paragraph XXI(C)(4)(i), recapture any HOPE VI Grant funds not obligated by the Grantee. (ii) If the Grantee fails to comply with the reasonable time periods established in Article II(EII(D), HUD may take into account whether factors beyond the Grantee's control are the cause of the delay. (e) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (f) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.