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D. Adequate maintenance procedures shall be implemented to keep the <br /> property in good condition. <br /> E. If the Su brecipient elects to capitalize and depreciate such non-expendable <br /> personal property in lieu of claiming the acquisition cost as a direct item of <br /> cost, title to such property shall remain with the Subrecipient. An election to <br /> capitalize and depreciate or claim acquisition cost as a direct item of cost <br /> shall be irrevocable. <br /> F. Non-expendable personal property purchased by the Subrecipientunderthe <br /> terms of this Agreement, in which title is vested in the City or Federal <br /> Government, shall not be rented, loaned, or otherwise passed to any person, <br /> partnership,corporation, association or organization without the prior <br /> express approval of the Department. <br /> G. Any non-expendable personal property furnished to, or purchased by, the <br /> Subrecipient,title to which is vested in the City or federal government,shall, <br /> unless otherwise provided herein or approved by the City, be used only for <br /> the performance of activities defined in th is Agreement. <br /> H. The Subrecipient shall be responsible for any loss or damage to the property <br /> of the City of Everett or federal government(including expenses entered <br /> thereu nto)wh ich results from negligence,willful misconduct,or lack of good <br /> faith on the part of the Subrecipientto maintain and administer in accordance <br /> with sound management practices that property, to ensurethatthe property <br /> will be returned to the City or federal government in like condition to that in <br /> which condition the property was acquired by purchase,fair wear and tear <br /> accepted. <br /> XXI. Rule of Construction <br /> In the event of an inconsistency in this Agreement/grantaward, unless <br /> otherwise provided herein,the inconsistency shall be resolved by giving <br /> precedence in the following order: <br /> 1. Appropriate provisions of state and federal statutes and regulations including <br /> HUD Community Development Block Grant Regulations, <br /> 2. General Terms and Conditions(Exhibit B), <br /> 3. Those attachments incorporated by reference herein, including the statement <br /> of work/project description, approved HUD grant budget, in the order in <br /> which attached, and <br /> 4. Any other provisions whether incorporated by reference herein or otherwise <br /> provided that nothing herein shall be construed as giving preference to <br /> provisions of this Agreement/grantaward over any provisions of law. <br />