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3. Withhold the disbursement of any payment or any portion of a payment <br /> otherwise due and payable under this agreement or any other agreement with <br /> Subgrantee;and <br /> 4. Take any other remedial actions that may otherwise be available under law. <br /> C. Grantee may terminate this Agreement for any misrepresentation of material fact, for <br /> failure or nonperformance of any Agreement condition or obligation, or for <br /> noncompliance with any applicable legal requirement. <br /> D. Any deobligation of funds or other determination by the FEMA shall be addressed in <br /> accordance with the regulations of that Agency. <br /> E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall <br /> refund to Grantee all funds disbursed to Subgrantee under this Agreement. <br /> F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement <br /> of this Agreement or for adjudication rights, interest,or duties of the parties to it shall lie <br /> in South Central District Court,Burleigh County,North Dakota. <br /> G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, <br /> suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of <br /> liability to Grantee for the restitution of funds advanced to Subgrantee under this <br /> Agreement,and Grantee may set off any such funds by withholding future disbursements <br /> otherwise due Subgrantee under this Agreement or any other Agreement until such time <br /> as the exact amount of restitution due Grantee from Subgrantee is determined. In the <br /> event the FEMA should deobligate funds formerly allowed under this Agreement or <br /> under any other Agreement funded by the Agency and administered by Grantee, then <br /> Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to <br /> repay any such funds, then Grantee may recover the same from funding otherwise due <br /> Subgrantee. <br /> ARTICLE XXVI.Attachments. <br /> A. All attachments to this Agreement are incorporated into this Agreement by reference as if <br /> set out fully in the text of the Agreement itself. <br /> B. In the event of any inconsistencies between the language of this Agreement and the <br /> Attachments to it if any, the language of the Attachments shall be controlling, but only to <br /> the extent of such inconsistencies. <br /> Note: All other grant administrative and electronic forms will be provided by <br /> Grantee as necessary or posted on the North Dakota Department of Emergency <br /> Services website: http://www.nd.gov/des/. <br /> ARTICLE XXVII. Notice and Contact. All notices under this Agreement shall be in writing <br /> and shall be delivered by email, by facsimile, by hand, or by letter to the following respective <br /> addresses: <br /> Grantee: Subgrantee: <br /> Lonnie G. Hoffer,Disaster Recovery Chief Mr.Jason Benson,County Engineer <br /> Department of Emergency Services Cass County Government <br /> PO Box 5511 1201 Main Street <br /> Bismarck ND 58506 West Fargo,ND 58078 <br /> Email: lhofferand.gov bensonj @casscountynd.gov <br /> 12 <br />