Common use of Unsatisfactory Performance/Default Clause in Contracts

Unsatisfactory Performance/Default. (a) The Grantee acknowledges and agrees that HUD may impose special conditions or restrictions upon the Grantee in accordance with this paragraph 1, with which the Grantee will comply, in order to ensure that all activities and expenditures of grant funds under the Revitalization Plan are properly and efficiently carried out. HUD may impose such conditions or restrictions if HUD determines that the performance of the Grantee, or any subgrantee, under this Grant Agreement is unsatisfactory (whether or not the Grantee is in default in accordance with paragraph 2 below). (b) The special conditions or restrictions which HUD may impose include the following: (i) withholding authority to proceed to the next phase of activities until receipt of evidence of acceptable performance within a given funding period; (ii) requiring additional, more detailed financial reports; (iii) additional project monitoring; (iv) requiring the Grantee (or subgrantee) to obtain technical or management assistance; or (v) establishing additional prior approvals. (c) If HUD decides to impose any such conditions or restrictions upon the Grantee (or subgrantee), HUD will notify the Grantee (or subgrantee) in writing, as early as possible. Such notice will contain the following information: (i) a description of the special conditions or restrictions; (ii) the nature of the unsatisfactory performance and the reason for imposing such special conditions or restrictions; (iii) the corrective actions which must be taken before the conditions or restrictions will be removed, and the time allowed for completing the corrective actions; and (iv) the method for requesting reconsideration of the conditions or restrictions imposed. 2. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, will constitute a default by the Grantee under this Grant Agreement: (a) use of grant funds for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement; (b) failure to comply with the HOPE VI Requirements or any other Federal, State or local laws, regulations or requirements applicable in implementing the Revitalization Plan; (c) failure to make any submission, perform any obligation or otherwise comply with any requirement under Article II, paragraph 3 within the specified time period; (d) failure to proceed in a manner consistent with the Revitalization Plan (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule for any interim performance measure); (e) any material misrepresentation in the HOPE VI Application or under this Grant Agreement, including, without limitation, any misrepresentations under Article X, paragraph 4(c) or Article XI, paragraph 1(b); (f) failure to comply with, or any material breach of, any other covenants, conditions or terms of this Grant Agreement; or (g) a default by the Grantee under the ACC, which default relates to the Development or the Grantee's ability to perform all of its obligations under this Grant Agreement. (a) HUD will give the Grantee written notice of any default. The Grantee will have the opportunity to cure such default within 30 days of the date of said notice, or to demonstrate within said time period, by submitting substantial evidence satisfactory to HUD, that it is not in default. If the default is not susceptible of being cured within said 30 day period, the Grantee will demonstrate, to HUD's satisfaction, that the Grantee has taken actions necessary to cure the default and that the default is curable within 90 days from the date of the default notice. Additionally, the Grantee must covenant to prosecute such cure diligently and complete such cure within said 90 day period. (b) Notwithstanding the provisions of subparagraph (a) above, if default is caused by failure to submit a Revitalization Plan (including failure to submit a Mixed-Finance Proposal, if applicable) acceptable to HUD within the time period required by this Grant Agreement, HUD at its sole discretion may either (i) require the Grantee, within a time period established by HUD, to submit an acceptable Revitalization Plan, or (ii) institute any of the remedies under paragraph 5 below, without any grace period. (c) Notwithstanding the provisions of subparagraph (a) above concerning the opportunity to cure defaults, if HUD determines, in HUD's sole discretion, that there is an imminent threat that the Grantee will expend additional grant funds in violation of the provisions of this Grant Agreement, HUD may implement the remedial action provided for under subparagraph 4(c) of this Article to prevent any such unauthorized expenditure until such time as the Grantee has complied with the cure provisions set forth above. HUD will implement such remedial action by written notice set forth either in the notice of default given under subparagraph 3(a) above or by subsequent written notice to the Grantee. 4. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in subparagraph 3(a) above, or fails to diligently pursue or complete any cure as provided in subparagraph 3(a), HUD may take any of the following remedial actions, upon written notice to the Grantee: (a) require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD's approval thereto and follow such revised Program Schedule to complete the activities under the Revitalization Plan; (b) require the Grantee, within a time period established by HUD, to revise its management plan (including, without limitation, changing the managing entity), relocation plan, Demolition/Disposition Application, or any other activity under the Revitalization Plan in order to successfully complete the activities under the Revitalization Plan in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the Budget(s) as necessary, and substitution of other eligible activities; (c) temporarily suspend the Grantee's authority to draw down grant funds for affected activities, or at HUD's sole discretion for all activities, for not more than ninety (90) days, pending action to cure the defaults; (d) suspend the Grantee's authority to draw down grant funds under the Line of Credit Control System - Voice Response System (or any subsequent method of disbursement) and prohibit payment or reimbursement for all grant activities or, if more appropriate (in HUD's sole discretion), only for those activities affected by the default, for an unspecified period of time pending final remedial action by HUD; (e) disallow use of grant funds for all or part of the cost of the activity or action not in compliance; (f) recapture amounts determined by HUD to have been improperly expended; (g) require reimbursement by the Grantee for grant funds improperly expended; and (h) require the Grantee to contract with an alternate administrator, acceptable to HUD in its sole discretion, for the Revitalization Plan. 5. If HUD determines that the remedial actions taken by HUD under paragraph 4 above have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph 4 and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph 3(b) 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 4) 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) change the method of payment from Line of Credit Control System - Voice Response System to some other available method of payment (e.g., payments involving HUD manual review and approval of every draw request, or one which permits draws only on a reimbursement basis); (c) reduce the HOPE VI grant in the amount affected by the default; (d) terminate the HOPE VI grant as to all further activities and initiate close-out procedures; (e) withdraw any unobligated balances of funding; (f) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (g) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.

Unsatisfactory Performance/Default. (a) The Grantee acknowledges and agrees that HUD may impose special conditions or restrictions upon the Grantee in accordance with this paragraph 1, with which the Grantee will comply, in order to ensure that all activities and expenditures of grant funds under the Revitalization Plan are properly and efficiently carried out. HUD may impose such conditions or restrictions if HUD determines that the performance of the Grantee, or any subgrantee, Grantee under this Grant Agreement is unsatisfactory (whether or not the Grantee is in default in accordance with paragraph 2 below). (b) The special conditions or restrictions which HUD may impose include the following: (i) withholding authority to proceed to the next phase of activities until receipt of evidence of acceptable performance within a given funding period; (ii) requiring additional, more detailed financial reports; (iii) additional project monitoring; (iv) requiring the Grantee (or subgrantee) to obtain technical or management assistance; or (v) establishing additional prior approvals. (c) If HUD decides to impose any such conditions or restrictions upon the Grantee (or subgrantee)Grantee, HUD will notify the Grantee (or subgrantee) in writing, as early as possible. Such notice will contain the following information: (i) a description of the special conditions or restrictions; (ii) the nature of the unsatisfactory performance and the reason for imposing such special conditions or restrictions; (iii) the corrective actions which must be taken before the conditions or restrictions will be removed, and the time allowed for completing the corrective actions; and (iv) the method for requesting reconsideration of the conditions or restrictions imposed. 2. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, will constitute a default by the Grantee under this Grant Agreement: (a) use of grant funds for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement; (b) failure to comply with the HOPE VI Requirements or any other Federal, State or local laws, regulations or requirements applicable in implementing the Revitalization Plancarrying out demolition activities; (c) failure to make any submission, perform any obligation or otherwise comply with any requirement under Article II, paragraph 3 within the specified time period; (d) failure to proceed in a manner consistent with the Revitalization Plan approved application (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule for any interim performance measure); (e) any material misrepresentation in the HOPE VI Application or under this Grant Agreement, including, without limitation, any misrepresentations under Article XVI, paragraph 4(c3(c) or Article XIVII, paragraph 1(b); (f) failure to comply with, or any material breach of, any other covenants, conditions or terms of this Grant Agreement; or (g) a default by the Grantee under the ACC, which default relates to the Development or the Grantee's ability to perform all of its obligations under this Grant Agreement. (a) HUD will give the Grantee written notice of any default. The Grantee will have the opportunity to cure such default within 30 days of the date of said notice, or to demonstrate within said time period, by submitting substantial evidence satisfactory to HUD, that it is not in default. If the default is not susceptible of being cured within said 30 day period, the Grantee will demonstrate, to HUD's satisfaction, that the Grantee has taken actions necessary to cure the default and that the default is curable within 90 days from the date of the default notice. Additionally, the Grantee must covenant to prosecute such cure diligently and complete such cure within said 90 day period. (b) Notwithstanding the provisions of subparagraph (a) above, if default is caused by failure to submit a Revitalization Plan (including failure to submit a Mixed-Finance Proposal, if applicable) acceptable to HUD within the time period required by this Grant Agreement, HUD at its sole discretion may either (i) require the Grantee, within a time period established by HUD, to submit an acceptable Revitalization Plan, or (ii) institute any of the remedies under paragraph 5 below, without any grace period. (c) Notwithstanding the provisions of subparagraph (a) above concerning the opportunity to cure defaults, if HUD determines, in HUD's sole discretion, that there is an imminent threat that the Grantee will expend additional grant funds in violation of the provisions of this Grant Agreement, HUD may implement the remedial action provided for under subparagraph 4(c) of this Article to prevent any such unauthorized expenditure until such time as the Grantee has complied with the cure provisions set forth above. HUD will implement such remedial action by written notice set forth either in the notice of default given under subparagraph 3(a) above or by subsequent written notice to the Grantee. 4. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in subparagraph 3(a) above, or fails to diligently pursue or complete any cure as provided in subparagraph 3(a), HUD may take any of the following remedial actions, upon written notice to the Grantee: (a) require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD's approval thereto and follow such revised Program Schedule to complete the activities under the Revitalization Plandemolition activities; (b) require the Grantee, within a time period established by HUD, to revise its management plan (including, without limitation, changing the managing entity), relocation plan, Demolition/Disposition Demolition Application, or any other activity under the Revitalization Plan in order to successfully complete the activities under the Revitalization Plan in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the Budget(s) as necessary, and substitution of other eligible activities; (c) temporarily suspend the Grantee's authority to draw down grant funds for affected activities, or at HUD's sole discretion for all activities, for not more than ninety (90) days, pending action to cure the defaults; (d) suspend the Grantee's authority to draw down grant funds under the Line of Credit Control System - Voice Response System (or any subsequent method of disbursement) and prohibit payment or reimbursement for all grant activities or, if more appropriate (in HUD's sole discretion), only for those activities affected by the default, for an unspecified period of time pending final remedial action by HUD; (e) disallow use of grant funds for all or part of the cost of the activity or action not in compliance; (f) recapture amounts determined by HUD to have been improperly expended; (g) require reimbursement by the Grantee for grant funds improperly expended; and (h) require the Grantee to contract with an alternate administrator, acceptable to HUD in its sole discretion, for the Revitalization Plan. 5. If HUD determines that the remedial actions taken by HUD under paragraph 4 above have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph 4 and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph 3(b) 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 4) 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) change the method of payment from Line of Credit Control System - Voice Response System to some other available method of payment (e.g., payments involving HUD manual review and approval of every draw request, or one which permits draws only on a reimbursement basis); (c) reduce the HOPE VI grant in the amount affected by the default; (d) terminate the HOPE VI grant as to all further activities and initiate close-out procedures; (e) withdraw any unobligated balances of funding; (f) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (g) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.

Unsatisfactory Performance/Default. (a) The Grantee acknowledges and agrees that HUD may impose special conditions or restrictions upon the Grantee in accordance with this paragraph 1, with which the Grantee will comply, in order to ensure that all activities and expenditures of grant funds under the Revitalization Plan are properly and efficiently carried out. HUD may impose such conditions or restrictions if HUD determines that the performance of the Grantee, or any subgrantee, under this Grant Agreement is unsatisfactory (whether or not the Grantee is in default in accordance with paragraph 2 below). (b) The special conditions or restrictions which HUD may impose include the following: (i) withholding authority to proceed to the next phase of activities until receipt of evidence of acceptable performance within a given funding period; (ii) requiring additional, more detailed financial reports; (iii) additional project monitoring; (iv) requiring the Grantee (or subgrantee) to obtain technical or management assistance; or (v) establishing additional prior approvals. (c) If HUD decides to impose any such conditions or restrictions upon the Grantee (or subgrantee), HUD will notify the Grantee (or subgrantee) in writing, as early as possible. Such notice will contain the following information: (i) a description of the special conditions or restrictions; (ii) the nature of the unsatisfactory performance and the reason for imposing such special conditions or restrictions; (iii) the corrective actions which must be taken before the conditions or restrictions will be removed, and the time allowed for completing the corrective actions; and (iv) the method for requesting reconsideration of the conditions or restrictions imposed. 2. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, will constitute a default by the Grantee under this Grant Agreement: (a) use of grant funds for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement; (b) failure to comply with the HOPE VI Requirements or any other Federal, State or local laws, regulations or requirements applicable in implementing the Revitalization Plan; (c) failure to make any submission, perform any obligation or otherwise comply with any requirement under Article II, paragraph 3 within the specified time period; (d) failure to proceed in a manner consistent with the Revitalization Plan (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule for any interim performance measure); (e) any material misrepresentation in the HOPE VI Application or under this Grant Agreement, including, without limitation, any misrepresentations under Article XIX, paragraph 4(c) or Article XIX, paragraph 1(b); (f) failure to comply with, or any material breach of, any other covenants, conditions or terms of this Grant Agreement; or (g) a default by the Grantee under the ACC, which default relates to the Development or the Grantee's ability to perform all of its obligations under this Grant Agreement. (a) HUD will give the Grantee written notice of any default. The Grantee will have the opportunity to cure such default within 30 days of the date of said notice, or to demonstrate within said time period, by submitting substantial evidence satisfactory to HUD, that it is not in default. If the default is not susceptible of being cured within said 30 day period, the Grantee will demonstrate, to HUD's satisfaction, that the Grantee has taken actions necessary to cure the default and that the default is curable within 90 days from the date of the default notice. Additionally, the Grantee must covenant to prosecute such cure diligently and complete such cure within said 90 day period. (b) Notwithstanding the provisions of subparagraph (a) above, if default is caused by failure to submit a Revitalization Plan (including failure to submit a Mixed-Mixed- Finance Proposal, if applicable) acceptable to HUD within the time period required by this Grant Agreement, HUD at its sole discretion may either either (i) require the Grantee, within a time period established by HUD, to submit an acceptable Revitalization Plan, or or (ii) institute any of the remedies under paragraph 5 below, without any grace period. (c) Notwithstanding the provisions of subparagraph (a) above concerning the opportunity to cure defaults, if HUD determines, in HUD's sole discretion, that there is an imminent threat that the Grantee will expend additional grant funds in violation of the provisions of this Grant Agreement, HUD may implement the remedial action provided for under subparagraph 4(c) of this Article to prevent any such unauthorized expenditure until such time as the Grantee has complied with the cure provisions set forth above. HUD will implement such remedial action by written notice set forth either in the notice of default given under subparagraph 3(a) above or by subsequent written notice to the Grantee. 4. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in subparagraph 3(a) above, or fails to diligently pursue or complete any cure as provided in subparagraph 3(a), HUD may take any of the following remedial actions, upon written notice to the Grantee: (a) require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD's approval thereto and follow such revised Program Schedule to complete the activities under the Revitalization Plan; (b) require the Grantee, within a time period established by HUD, to revise its management plan (including, without limitation, changing the managing entity), relocation plan, DemolitionDemo/Disposition Dispo Application, or any other activity under the Revitalization Plan in order to successfully complete the activities under the Revitalization Plan in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the Budget(s) as necessary, and substitution of other eligible activities; (c) temporarily suspend the Grantee's authority to draw down grant funds for affected activities, or at HUD's sole discretion for all activities, for not more than ninety (90) days, pending action to cure the defaults; (d) suspend the Grantee's authority to draw down grant funds under the Line of Credit Control System - Voice Response System (or any subsequent method of disbursement) and prohibit payment or reimbursement for all grant activities or, if more appropriate (in HUD's sole discretion), only for those activities affected by the default, for an unspecified period of time pending final remedial action by HUD; (e) disallow use of grant funds for all or part of the cost of the activity or action not in compliance; (f) recapture amounts determined by HUD to have been improperly expended; (g) require reimbursement by the Grantee for grant funds improperly expended; and (h) require the Grantee to contract with an alternate administrator, acceptable to HUD in its sole discretion, for the Revitalization Plan. 5. If HUD determines that the remedial actions taken by HUD under paragraph 4 above have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph 4 and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph 3(b) 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 4) 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) change the method of payment from Line of Credit Control System - Voice Response System to some other available method of payment (e.g., payments involving HUD manual review and approval of every draw request, or one which permits draws only on a reimbursement basis); (c) reduce the HOPE VI grant in the amount affected by the default; (d) terminate the HOPE VI grant as to all further activities and initiate close-out procedures; (e) withdraw any unobligated balances of funding; (f) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (g) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.

Unsatisfactory Performance/Default. (a) The Grantee acknowledges and agrees that HUD may impose special conditions or restrictions upon the Grantee in accordance with this paragraph 1, with which the Grantee will comply, in order to ensure that all activities and expenditures of grant funds under the Revitalization Plan are properly and efficiently carried out. HUD may impose such conditions or restrictions if HUD determines that the performance of the Grantee, or any subgrantee, under this Grant Agreement is unsatisfactory (whether or not the Grantee is in default in accordance with paragraph 2 below). (b) The special conditions or restrictions which HUD may impose include the following: (i) withholding authority to proceed to the next phase of activities until receipt of evidence of acceptable performance within a given funding period; (ii) requiring additional, more detailed financial reports; (iii) additional project monitoring; (iv) requiring the Grantee (or subgrantee) to obtain technical or management assistance; or (v) establishing additional prior approvals. (c) If HUD decides to impose any such conditions or restrictions upon the Grantee (or subgrantee), HUD will notify the Grantee (or subgrantee) in writing, as early as possible. Such notice will contain the following information: (i) a description of the special conditions or restrictions; (ii) the nature of the unsatisfactory performance and the reason for imposing such special conditions or restrictions; (iii) the corrective actions which must be taken before the conditions or restrictions will be removed, and the time allowed for completing the corrective actions; and (iv) the method for requesting reconsideration of the conditions or restrictions imposed. 2. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, will constitute a default by the Grantee under this Grant Agreement: (a) use of grant funds for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement; (b) failure to comply with the HOPE VI Requirements or any other Federal, State or local laws, regulations or requirements applicable in implementing the Revitalization Plan; (c) failure to make any submission, perform any obligation or otherwise comply with any requirement under Article II, paragraph 3 within the specified time period; (d) failure to proceed in a manner consistent with the Revitalization Plan (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule for any interim performance measure); (e) any material misrepresentation in the HOPE VI Application or under this Grant Agreement, including, without limitation, any misrepresentations under Article XIX, paragraph 4(c) or Article XIX, paragraph 1(b); (f) failure to comply with, or any material breach of, any other covenants, conditions or terms of this Grant Agreement; or (g) a default by the Grantee under the ACC, which default relates to the Development or the Grantee's ability to perform all of its obligations under this Grant Agreement. (a) HUD will give the Grantee written notice of any default. The Grantee will have the opportunity to cure such default within 30 days of the date of said notice, or to demonstrate within said time period, by submitting substantial evidence satisfactory to HUD, that it is not in default. If the default is not susceptible of being cured within said 30 day period, the Grantee will demonstrate, to HUD's satisfaction, that the Grantee has taken actions necessary to cure the default and that the default is curable within 90 days from the date of the default notice. Additionally, the Grantee must covenant to prosecute such cure diligently and complete such cure within said 90 day period. (b) Notwithstanding the provisions of subparagraph (a) above, if default is caused by failure to submit a Revitalization Plan (including failure to submit a Mixed-Finance Proposal, if applicable) acceptable to HUD within the time period required by this Grant Agreement, HUD at its sole discretion may either either (i) require the Grantee, within a time period established by HUD, to submit an acceptable Revitalization Plan, or or (ii) institute any of the remedies under paragraph 5 below, without any grace period. (c) Notwithstanding the provisions of subparagraph (a) above concerning the opportunity to cure defaults, if HUD determines, in HUD's sole discretion, that there is an imminent threat that the Grantee will expend additional grant funds in violation of the provisions of this Grant Agreement, HUD may implement the remedial action provided for under subparagraph 4(c) of this Article to prevent any such unauthorized expenditure until such time as the Grantee has complied with the cure provisions set forth above. HUD will implement such remedial action by written notice set forth either in the notice of default given under subparagraph 3(a) above or by subsequent written notice to the Grantee. 4. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in subparagraph 3(a) above, or fails to diligently pursue or complete any cure as provided in subparagraph 3(a), HUD may take any of the following remedial actions, upon written notice to the Grantee: (a) require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD's approval thereto and follow such revised Program Schedule to complete the activities under the Revitalization Plan; (b) require the Grantee, within a time period established by HUD, to revise its management plan (including, without limitation, changing the managing entity), relocation plan, DemolitionDemo/Disposition Dispo Application, or any other activity under the Revitalization Plan in order to successfully complete the activities under the Revitalization Plan in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the Budget(s) as necessary, and substitution of other eligible activities; (c) temporarily suspend the Grantee's authority to draw down grant funds for affected activities, or at HUD's sole discretion for all activities, for not more than ninety (90) days, pending action to cure the defaults; (d) suspend the Grantee's authority to draw down grant funds under the Line of Credit Control System - Voice Response System (or any subsequent method of disbursement) and prohibit payment or reimbursement for all grant activities or, if more appropriate (in HUD's sole discretion), only for those activities affected by the default, for an unspecified period of time pending final remedial action by HUD; (e) disallow use of grant funds for all or part of the cost of the activity or action not in compliance; (f) recapture amounts determined by HUD to have been improperly expended; (g) require reimbursement by the Grantee for grant funds improperly expended; and (h) require the Grantee to contract with an alternate administrator, acceptable to HUD in its sole discretion, for the Revitalization Plan. 5. If HUD determines that the remedial actions taken by HUD under paragraph 4 above have not been effective in curing the default, or if the Grantee has not complied with the requirements imposed by HUD under paragraph 4 and has not otherwise cured the default, or if HUD exercises its discretion under subparagraph 3(b) 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 4) 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) change the method of payment from Line of Credit Control System - Voice Response System to some other available method of payment (e.g., payments involving HUD manual review and approval of every draw request, or one which permits draws only on a reimbursement basis); (c) reduce the HOPE VI grant in the amount affected by the default; (d) terminate the HOPE VI grant as to all further activities and initiate close-out procedures; (e) withdraw any unobligated balances of funding; (f) take action against the Grantee under 24 CFR part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards; and (g) take any other available legal or equitable remedial action, including, but not limited to, any remedial actions available under the Grantee's ACC.