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<br />B. Department shall not be liable to Administrator for any costs incurred by Administrator, which <br />have been paid to Administrator or aFe subject to payment to Administrator, or have been <br />reimbursed to Administrator or are subject to reimbursement to Administrator, by any source <br />other than Department. <br /> <br />C. Department shall not be liable to Administrator for any costs incurred by Administrator which <br />are not allowable costs, as set forth in 24 C.F.R. part 92 and Article 5 of this Contract. Funds <br />provided under this Contract may not be used for payment of prohibited activities as those <br />activities are defined. <br /> <br />D. Department shall not be liable to Administrator for any costs incurred by Administrator or for <br />any performances rendered by Administrator which are not strictly in accordance with the terms <br />of this Contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E <br />of this Contract. <br /> <br />E. Department shall not be liable for costs incurred or performances rendered by Administrator <br />before the effective date of this Contract or after termination of this Contract. <br /> <br />3.2. <br /> <br />Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other <br />obligations incurred by Department under this Contract shall not exceed the sum of THREE <br />HUNDRED AND NINETY THOUSAND and No/IOO Dollars ($390,000.00). <br /> <br />.' <br /> <br />ARTICLE 4 <br />Disbursement Of Funds <br /> <br />4.1. Department shall reimburse Administrator for eligible costs incurred under this Contract in accordance <br />with the requirements of24 C.F.R. part 92. Administrator agrees to attend an implementation workshop <br />after the execution of this Contract and prior to the disbursement of any funds under this Contract. <br />Administrator may not request disbursement of funds under this Contract until the funds are needed for <br />actual payment of eligible costs. The amount of each request must be limited to the amount needed to <br />pay expenditures actually incurred to date. <br /> <br />4.2. It is expressly understood and agreed by the Parties hereto that payments under this Contract are <br />contingent upon Administrator's full and satisfactory performance of its obligations under this Contract. <br />Department reserves the right to recapture funds provided under this Contract in the event Department <br />determines that Administrator will be unable to expend all funds awarded within the Contract Period. <br />Administrator acknowledges that in the event Administrator is unable to perform in accordance with the <br />Performance Statement or Performance Timetable, Administrator shall terminate this Contract and <br />surrender Administrator's rights to any remaining funds. <br /> <br />4.3. It is expressly understood and agreed by the Parties hereto that any right or remedy provided for in this <br />Article 4, or in any other provision of this Contract, shall not preclude the exercise of any other right or <br />remedy under this Contract or under any provision of law. Nor shall any action taken in the exercise of <br />any right or remedy be deemed a waiver of any other right or remedy. Failure to exercise any right or <br />remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy <br />at any time. <br /> <br />53039 5C it yo fparis.doc <br />Page 2 of 16 <br />