Common use of Consequences of Default Clause in Contracts

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), 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 any 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 HOPE VI Budget as necessary, and substitution of other eligible activities; (c) require submission of additional documentation before any additional request for funds will be approved; (d) temporarily suspend the Grantee's authority to draw down HOPE VI 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; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD; (f) disallow use of HOPE VI Grant funds for all or part of the cost of the activity or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (j) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plan.

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), HUD may take any of the following remedial actions, upon written notice to the Grantee: (a) requiring a Grantee in default to provide evidence to HUD of acceptable performance over such period of time as specified by HUD and to obtain written approval from HUD to proceed to the next phase of activities; (b) requiring additional, more detailed financial reports; (c) requiring additional project monitoring; (d) requiring the Grantee (or subgrantee) to obtain technical or management assistance; (e) establishing additional prior approvals; and (f) require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD's ’s approval thereto, and follow such revised Program Schedule to complete the activities under the Revitalization PlanGrant Agreement; (bg) require the Grantee, within a time period established by HUD, to revise any activity under the Revitalization Plan Grant Agreement in order to successfully complete the activities under the Revitalization Plan Grant Agreement in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the HOPE VI Choice Neighborhoods Budget as necessary, and substitution of other eligible activities; (ch) require submission of additional documentation before any additional request for funds will be approved; (di) temporarily suspend the Grantee's ’s authority to draw down HOPE VI Choice Neighborhoods Grant funds for affected activities, or at HUD's ’s sole discretion for all activities, for not more than ninety (90) days, pending action to cure the defaults; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD; (fj) disallow use of HOPE VI Choice Neighborhoods Grant funds for all or part of the cost of the activity or action not in compliance; (gk) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (hl) require reimbursement by the Grantee for HOPE VI Choice Neighborhoods Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (jm) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization PlanGrant Agreement, including requiring the Grantee to assign any outstanding contracts obligating grant funds to another entity.

Consequences of Default. If the Grantee Owner fails to cure all defaults breaches specified in the notice of default breach within the time periods set forth in paragraph (C)(1b)(i) of this ArticleSection, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1b)(i), HUD may declare a Default of this Agreement and take any of the following remedial actions, upon written notice to the Grantee: (a) Owner: requiring a Grantee in Default to provide evidence to HUD of acceptable performance over such period of time as specified by HUD and to obtain written approval from HUD to proceed with grant funded activities; requiring additional, more detailed financial reports; requiring additional project monitoring; requiring the Owner to obtain technical or management assistance; establishing additional prior approvals; 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 GranteeOwner, within a time period established by HUD, to revise any activity under the Revitalization Plan this Agreement in order to successfully complete the activities under the Revitalization Plan this Agreement in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the HOPE VI Budget as necessary, and substitution of other eligible activities; (c) ; require submission of additional documentation before any additional request for funds will be approved; (d) ; temporarily suspend the Grantee's authority to draw down HOPE VI GRRP Grant funds for affected activities, or or, at HUD's sole discretion discretion, for all activities, for not more than ninety (90) days, pending action to cure the defaults; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting payment or reimbursement for all grant activities or, if more appropriate (Defaults in HUD's sole discretion), only for those activities affected by the default, for an unspecified period of time pending final action by HUD; (f) accordance with 2 CFR § 200.33; disallow use of HOPE VI GRRP Grant funds for all or part of the cost of the activity or action not in compliance; (g) ; recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee GRRP with such grant funds; (h) ; or require reimbursement by the Grantee Owner for HOPE VI GRRP Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (j) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plan.

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), 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 ’s approval thereto, and follow such revised Program Schedule to complete the activities under the Revitalization PlanGrant Agreement; (b) require the Grantee, within a time period established by HUD, to revise any activity under the Revitalization Plan Grant Agreement in order to successfully complete the activities under the Revitalization Plan Grant Agreement in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the HOPE VI Choice Neighborhoods Budget as necessary, and substitution of other eligible activities; (c) require submission of additional documentation before any additional request for funds will be approved; (d) temporarily suspend the Grantee's ’s authority to draw down HOPE VI Choice Neighborhoods Grant funds for affected activities, or at HUD's ’s sole discretion for all activities, for not more than ninety (90) 90 days, pending action to cure the defaults; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's ’s authority to draw down HOPE VI Choice Neighborhoods Grant funds under LOCCS by prohibiting payment or reimbursement for all grant activities or, if more appropriate (in HUD's ’s sole discretion), only for those activities affected by the default, for an unspecified period of time pending final action by HUD; (f) disallow use of HOPE VI Choice Neighborhoods Grant funds for all or part of the cost of the activity or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) require reimbursement by the Grantee for HOPE VI Choice Neighborhoods Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (j) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization PlanGrant Agreement.

Consequences of Default. If Upon the Grantee fails to cure all defaults specified occurrence of an Event of Default in the notice respect of default within the time periods set forth in paragraph a Shareholder (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), HUD may take any of the following remedial actions, upon written notice to the Grantee:such Shareholder being a “Defaulting Shareholder”): (a) require the GranteeDefaulting Shareholder shall promptly give notice in writing to the other Shareholder (the “Non-Defaulting Shareholder”), 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 setting out full details of the activities under the Revitalization PlanEvent of Default; (b) require with immediate effect and until such Event of Default is remedied: (i) the Grantee, within Defaulting Shareholder shall not attend or be represented at or vote at any General Meeting; (ii) each Director appointed based upon a time period established binding nomination by HUD, to revise the Defaulting Shareholder shall not attend or be represented at any 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 meeting of the HOPE VI Budget Terminals Management Board or VTTI Supervisory Board (as necessaryapplicable); (iii) the Directors appointed based upon a binding nomination by the other Shareholder shall form a quorum for any meeting of the Terminals Management Board or VTTI Supervisory Board (as applicable); and (iv) the Defaulting Shareholder shall not be required to approve a Reserved Matter in accordance with clause 5.2, other than any Reserved Matter in paragraphs 3(a), 4, 21 and substitution 27 of other eligible activitiesschedule 1; (c) require submission the Non-Defaulting Shareholder may, within 20 Business Days after becoming aware of additional documentation before any additional request for funds will the Event of Default, give to the Defaulting Shareholder a notice in writing (the “Default Notice”) setting out all relevant details of the Event of Default it is aware of (and if the Non-Defaulting Shareholder considers (acting reasonably) that the Event of Default can be approvedremedied, requiring the Defaulting Shareholder to remedy the Event of Default within 20 Business Days after the Defaulting Shareholder receives the Default Notice (the “Remedy Period”)). A Default Notice is withdrawn or taken to be withdrawn by the Non-Defaulting Shareholder if the Non-Defaulting Shareholder withdraws the Default Notice by notice to the Defaulting Shareholder or does not give a notice within the 20 Business Day time period specified in this clause 12.2(c); (d) temporarily suspend if a Default Notice is given and the Grantee's authority Event of Default is not remedied during the Remedy Period, the Non-Defaulting Shareholder may, after the Default Notice is given (if there is no Remedy Period) or after the end of the Remedy Period, require the Defaulting Shareholder by further notice in writing (the “Compulsory Transfer Notice”) to draw down HOPE VI Grant funds for affected activitiessell all (but not some) of the Shares of the Defaulting Shareholder to the Non-Defaulting Shareholder (or its nominee) at 85 per cent of the Fair Market Value of such Shares PROVIDED THAT clause 12.2(d) shall not apply in relation to any breach by either Shareholder of (i) clause 6.2, or at HUD's sole discretion for all activities, for not more than ninety (90ii) days, pending action to cure the defaultsclause 6.3; (e) ifwith respect to an Event of Default arising from the third occurrence of an Event of Default by a Defaulting Shareholder resulting from a breach of clause 6.2 and/or clause 6.3, then, notwithstanding clause 5.2 or clause 12.2(b)(iv) to the contrary, the members of the VTTI Supervisory Board nominated by such Non-Defaulting Shareholder shall thereafter have sole authority to determine (i) the amount of Company Available Cash and VTTI Available Cash in its absolute discretion (in each case ignoring the definitions of Company Available Cash and VTTI Available Cash), and (ii) the targeted distribution coverage ratio in clause 7.4, in each case until such Event of Default is remedied and for a period of 12 months after the 90 days, the default date that such Event of Default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD;remedied; and (f) disallow use in the case of HOPE VI Grant funds for all an Event of Default arising from a failure to provide funding in accordance with clause 6.2, the Defaulting Shareholder shall not be entitled to payment of any dividends or part distributions from the Company, and the Defaulting Shareholder’s share of any dividends or distributions declared by the Company after the occurrence of the cost Event of Default, and for so long as such Event of Default is continuing, shall be, if the activity Contributing Shareholder pays the amount the Defaulting Shareholder failed to fund in accordance with clause 6.2, paid to the Contributing Shareholder until the Contributing Shareholder has received the amount owed to the Contributing Shareholder under clause 6.2(c)(ii) either from such dividends or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions distributions or from the HOPE VI grant funds; and (j) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization PlanDefaulting Shareholder.

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), 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), HOPE VI Relocation Plan, 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 HOPE VI Full Program Budget and/or Predevelopment Budget(s) as necessary, and substitution of other eligible activities; (c) require submission of additional documentation before any additional request for funds will be approved; (d) temporarily suspend the Grantee's authority to draw down HOPE VI 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; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD; (f) disallow use of HOPE VI Grant funds for all or part of the cost of the activity or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (ji) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plan.

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), 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 any 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 HOPE VI Budget as necessary, and substitution of other eligible activities; (c) require submission of additional documentation before any additional request for funds will be approved; (d) temporarily suspend the Grantee's authority to draw down HOPE VI Grant funds for affected activities, Upon or at HUD's sole discretion for all activitiesany time following an Event of Default which is continuing, for not more than ninety (90) days, pending action to cure the defaults; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD; (f) disallow use of HOPE VI Grant funds for all or part of the cost of the activity or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended;FGI: (i) No Prepayment or Advance shall be under no obligation to make an Prepayment or make an Advance to the Client; and/or (ii) Right of Recourse shall have the right of immediate Recourse in respect of all Outstanding Receivables but so that the ownership of any such Receivables shall not vest effectively in the Client until the Repurchase Price of all such Receivables has been received by FGI; and/or (iii) Prepayment Percentage may reduce the Prepayment Percentage (including to zero); and/or (iv) Funds In Use may demand immediate payment of all Funds In Use and all and any other sums due from the Client or any Security Obligors pursuant to this Deed; and/or (v) Increase Discount may increase the Discount subsisting at that time by three percentage points (which the Client and FGI agree is an acceptable increase to compensate FGI for its increased risk in such circumstances); and/or (vi) Default Rate may determine that Interest shall accrue at the Default Rate; and/or (vii) Disapproved Receivables may designate previously Approved Receivables as Disapproved and designate Receivables which are subsequently Notified as Disapproved Receivables; and/or (viii) Termination of agency may terminate the agency detailed at paragraph 8(a)(ii) (Collection) of schedule 2 and exercise all rights arising in relation to the termination of such agency; and/or (ix) Loss may debit any account of the Client held with FGI with the amount of any Loss (including, for the avoidance of doubt, the cost of all time expended by FGI in protecting or enforcing FGI’s rights and interests acquired pursuant to the Finance Documents) as a consequence of the occurrence of such Event of Default; and/or (x) Fees and charges may debit any account with the amount of fees which FGI would have earned under paragraph 5(b) and third party charges incurred by FGI had such rights not arisen (or where such fees and charges are incapable of precise calculation, FGI’s reasonable estimate of such fees and charges calculated in a reasonable manner consistent with the performance and forecasts of the Client prior to the occurrence of such Event of Default); and/or (xi) Set-off may exercise all and any rights of set-off and/or combination and consolidation of all and any of the accounts of the Client held with FGI; and/or (xii) Notice of assignment may give, or may require that the Client shall immediately give, notice to each Debtor of the purchase by and assignment to FGI of Receivables, in such form and manner as FGI may direct; and/or (xiii) Security Documents may take any steps to enforce the Security Documents or any guarantee or indemnity of the Client’s or Security Obligor’s obligations arising under the Finance Documents granted in FGI’s favour; and/or (xiv) Outstanding Advances may by written notice declare all and any outstanding Advances in relation to all or any of the Facilities to be due and payable on demand or on any date specified by FGI in such notice, whereupon such Advances shall become so due and payable on demand or on such date (as the case may be), together with all and any other sums owed by the Client under or pursuant to this Deed and/or (as the case may be) subject to such alternative repayment arrangements; and/or (xv) Instructions may instruct, at the Client’s expense, such persons as FGI considers appropriate to undertake at any time and with or without notice an investigation, inspection and analysis of the Receivables and/or the Collateral whether at any of the Client’s premises, locations or otherwise; and/or (xvi) Auditors may require the Grantee Client to pay monetary fines in an amount determined by HUD. These fines procure, at its own expense, that the Client’s Auditors (or such other persons as FGI may be in request) report directly to FGI on any matters relating to the form financial affairs of deductions from the HOPE VI grant fundsClient; andand/or (jxvii) make arrangements satisfactory Monitoring Fee may charge the Monitoring Fee; and/or (xviii) Termination may terminate this Deed (although shall not be obliged to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plando so).

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), 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 any 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 HOPE VI Budget as necessary, and substitution of other eligible activities; (c) require submission of additional documentation before any additional request for funds will be approved; (d) temporarily suspend the Grantee's authority to draw down HOPE VI 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; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD; (f) disallow use of HOPE VI Grant funds for all or part of the cost of the activity or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) ; require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended; (i) ; require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (j) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plan.

Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), 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 any 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 Overall HOPE VI Budget as necessary, and substitution of other eligible activities; (c) require submission of additional documentation before any additional request for funds will be approved; (d) temporarily suspend the Grantee's authority to draw down HOPE VI 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; (e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting 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 action by HUD; (f) disallow use of HOPE VI Grant funds for all or part of the cost of the activity or action not in compliance; (g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds; (h) require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended; (i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and (ji) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plan.