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<br />Administrator of the activities herein described and the actual receipt by Department of <br />adequate state and/or federal funds to meet Department's liabilities under this Contract. If <br />adequate funds are not available to make payments under this Contract, Department shall <br />notify Administrator in writing within a reasonable time after such fact is determined. In <br />that event, this Contract shall terminate and neither Party shall have any further rights or <br />obligations hereunder. <br /> <br />B. Department shall not be liable to Administrator for any costs incurred by Administrator, <br />which have been paid to Administrator or are subject to payment to Administrator, or <br />have been reimbursed to Administrator or are subject to reimbursement to Administrator <br />by any source other than Department. <br /> <br />C. Department shall not be liable to Administrator for any costs incurred by Administrator <br />which are not allowable costs, as set forth in 24 CFR 92.206 and Article 5 of this <br />Contract. Funds provided under this Contract may not be used for payment of prohibited <br />activities as those activities are defined in 24 CFR 92.214. <br /> <br />D. Department shall not be liable to Administrator for any costs incurred by Administrator <br />or for any performances rendered by Administrator which are not strictly in accordance <br />with the terms of this Contract, including the terms of Exhibit A, Exhibit B, Exhibit C, <br />Exhibit D, and Exhibit E of this Contract. <br /> <br />E. Department shall not be liable for costs incurred or performances rendered by <br />Administrator before the effective date of this Contract or after termination of this <br />Contract. <br /> <br />3.2. Limit of Liabilitv Notwithstanding any other provision of this Contract to the contrary, the total <br />of all payments and other obligations incurred by Department under this Contract shall not exceed the <br />sum of TWO HUNDRED SIXTY THOUSAND AND NO/I00 DOLLARS ($260,000.00). <br /> <br />ARTICLE 4 <br />Disbursement of Funds <br /> <br />4.1. Department shall reimburse Administrator for eligible costs incurred under this Contract in <br />accordance with the requirements of 24 CFR 92.502. Administrator agrees to attend an <br />Implementation Workshop after the execution of this Contract and prior to the disbursement of <br />any funds under this Contract. Administrator may not request disbursement of funds under this <br />Contract until the funds are needed for actual payment of eligible costs. The amount of each <br />request must be limited to the amount needed to 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 <br />Contract. Department reserves the right to recapture funds provided under this Contract in the <br />event Department determines that Administrator will be unable to expend all funds awarded <br />within the Contract Period. Administrator acknowledges that in the event Administrator is <br />unable to perform in accordance with the Performance Statement or Performance Timetable <br />submitted to Department by Administrator, 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 <br />in this Article 4 or in any other provision of this Contract shall not preclude the exercise of any <br />other right or remedy under this Contract or under any provision of law. Nor shall any action <br />taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. <br /> <br />.2 000 <br />HOME ContnC1 No. 537025 <br />HomebuyerAssistanee <br />