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i. Used to meet one of the national objectives in 24 CFR Part 507.208 until five years after expiration of this Agreement, or for such longer period of time as determined appropriate by the COUNTY; or ii. If not used in accordance with XI, B, i of this Agreement, the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. XXXII. SECTION 3 OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968 SUBRECIPIENT agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations of 24 CFR Part 135 (if this Agreement exceeds $200,000 and provides assistance for housing rehabilitation, housing construction, or other public construction). A. SUBRECIPIENT certifies that they are under no contractual or other impediment which would prevent them from complying with the 24 CFR Part 135 regulations. B. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. C. SUBRECIPIENT will include this Section 3 clause in every contract or subcontract in excess of $100,000 for work in connection with the project and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this paragraph D, upon a finding that the subcontractor is in violation of regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR Part 135. D. SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. E. Non-compliance with the regulations set forth in 24 CFR Part 135 may result in sanctions, termination of this Agreement for default, and debarment from future HUD - assisted contracts. XXXIII. TERMINATION, SUSPENSION, AND/OR MODIFICATION A. Either Party may terminate this Agreement, for any reason, at any time upon 90 days written notice. B. In accordance with 24 CFR 85.43, suspension or termination may occur if the SUBRECIPIENT materially fails to comply with any term of the Agreement and the Agreement may be terminated for convenience in accordance with 24 CFR 85.44. C. Failure of SUBRECIPIENT to fill any of its obligations under Agreement in a timely manner or violation by SUBRECIPIENT of any covenants or stipulations contained in Page 17