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<br />ARTICLE 10 <br />PAYMENTS AND PROGRAM INCOME <br /> <br />10.1 The City agrees to grant to Subrecipient an amount not to exceed <br />$ for services Subrecipient performs in accordance with the Statement <br />of Work, as delineated in Exhibit D, Project Budget of this Agreement and in keeping with <br />the record of expenditures. <br /> <br />10.2 The City will make payments to the Subrecipient following the submission of <br />completed pay request with required documentation in conformance with Article 3 of this <br />Agreement. <br /> <br />10.3 The Subrecipient and the City agree that program income generated from the use <br />of CDBG funds, if any, shall be retained by the Subrecipient. If the activity is partially <br />assisted with CDBG funds, the Subrecipient agrees to pro-rate the gross income to reflect <br />the percent of CDBG funds assisted in the activity. If program income is received by the <br />Subrecipient, it will provide to the City by the fifteenth day of each month an accounting of <br />that income for the previous month on a form provided by the City. The City will report all <br />CDBG program income earned, retained and expanded. The Subrecipient will be allowed <br />to use program income for the same or similar activities as generated program income. <br />Failure of the Subrecipient to report program income as required, will cause the City to <br />require that all program income be recovered by the City. <br /> <br />ARTICLE 11 <br />AUDIT <br /> <br />11.1 Subrecipient will furnish the City with a certified audit prepared by a Certified Public <br />Accountant ("CPA") for its activities during the term of the Agreement at the Subrecipient's <br />expense. Subrecipient will provide a written copy of the audit to the City within 120 days <br />from the date of Agreement close out. The City will accept a regular annual audit prepared <br />for the Subrecipient by a CPA if it is in compliance with the applicable HUD CDBG program <br />requirements. <br /> <br />11.2 Subrecipient will require that the auditor preparing the audit cooperate fully with the <br />City relating to any inquiries by City as to the provision of this audit. <br /> <br />ARTICLE 12 <br />ATTORNEY'S FEES <br /> <br />12.1 Any party to this Agreement who prevails in any legal proceedings between the <br />parties regarding this Agreement will be entitled to recover court costs and reasonable <br />attorney's fees from the non-prevailing party. <br /> <br />ARTICLE 13 <br /> <br />7 <br />