[Code of Federal Regulations] [Title 45, Volume 1, Parts 1 to 199] [Revised as of October 1, 2000] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR74.61] [Page 223] TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES PART 74--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND Subpart C--Post-Award Requirements Sec. 74.61 Termination. (a) Awards may be terminated in whole or in part only if paragraph (a) (1), (2), or (3) of this section applies. (1) By the HHS awarding agency, if a recipient materially fails to comply with the terms and conditions of an award. (2) By the HHS awarding agency with the consent of the recipient, in which case the two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. (3) By the recipient upon sending to the HHS awarding agency written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the HHS awarding agency determines in the case of partial termination that the reduced or modified portion of the award will not accomplish the purposes for which the award was made, it may terminate the award in its entirety. (b) If costs are allowed under an award, the responsibilities of the recipient referred to in Sec. 74.71(a), including those for property management as applicable, shall be considered in the termination of the award, and provision shall be made for continuing responsibilities of the recipient after termination, as appropriate.