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vi. When employees are student interns; <br />vii. When the Subrecipient meets any other criteria for exemption, outlined in <br />section 25.015 (1) (d) of the Dane County Code of Ordinances; <br />viii. Where the Agreement is funded by a government agency requiring a <br />different living wage, the higher wage requirements shall prevail. <br />XXVI. NO WAIVER OF RIGHT OF RECOVERY <br />In no event shall the making of any payment or acceptance of any service or product <br />required by this Agreement constitute or be construed as a waiver by COUNTY of any <br />breach of the covenants of this Agreement or a waiver of any such default by <br />SUBRECIPIENT. The making of any such payment or acceptance of any such service or <br />product by COUNTY while any such default or breach shall exist shall in no way impair or <br />prejudice the right of COUNTY with respect to recovery of damages or other remedy as a <br />result of such breach or default. <br />XXVII. PENALITIES <br />A. SUBRECIPIENT shall provide immediate notice in the event that it will be unable to <br />meet any deadline, including deadlines for filing reports, set by COUNTY. <br />Concurrent with notification, SUBRECIPIENT shall submit either a request for an <br />alternative deadline or optional courses of action of both. COUNTY may grant or <br />deny the request. COUNTY has the prerogative to withhold payment to <br />SUBRECIPIENT upon denial of request or until any condition set by COUNTY is met. <br />In the case of contracts that have been renewed or continued from a previous <br />contractual period, COUNTY may withhold payment in the current period for failures <br />that occurred in a previous period. <br />B. If COUNTY is liable for damages sustained as a result of breach of this Agreement <br />by SUBRECIPIENT, COUNTY may withhold payments to SUBRECIPIENT as set off <br />against said damages. <br />C. If, through any act or failure of action by SUBRECIPIENT, COUNTY is required to <br />refund money to a funding source or granting agency, SUBRECIPIENT shall pay to <br />COUNTY within ten (10) working days any such amount, along with any interest and <br />penalties. <br />XXVIII. PROHIBITION AGAINST POLITICAL ACTIVITIES <br />Per Title 24 Part 570.207 (a)(3), CDBG funds shall not be used to finance the use of <br />facilities or equipment for political purposes or to engage in other partisan political <br />activities, such as candidate forums, voter transportation, or voter registration. However, <br />a facility originally assisted with CDBG funds may be used on an incidental basis to hold <br />political meetings, candidate forums, or voter registration campaigns, provided that all <br />parties and organization have access to the facility on an equal basis, and are assessed <br />equal rent or use charges, if any. <br />XXIX. RECORDS <br />A. Public Access to Program Records. In accordance with 24 CFR 570.508, the <br />SUBRECIPIENT shall provide citizens with reasonable access to records regarding <br />the past use of CDBG funds, consistent with applicable State and local laws <br />regarding privacy and obligations of confidentiality. <br />Page 15 <br />