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1996-118-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 10TH DAY OF JUNE 1996
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1996-118-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 10TH DAY OF JUNE 1996
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8/18/2006 4:31:52 PM
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4/5/2005 6:52:00 AM
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CITY CLERK
Doc Name
1996
Doc Type
Resolution
CITY CLERK - Date
11/7/1996
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<br />executed facsimile copy will be sufficient to evidence the Parties agreement to any amendment, <br />revision or change to this Contract. <br /> <br />15.2 It is understood and agreed by the Parties hereto that performance of all activities under this <br />Contract must be rendered in accordance with the Act, the regulations promulgated under the <br />Act, the assurances and certifications made to Department by Administrator, and the assurances <br />and certifications made to the United States Department of Housing and Urban Development by <br />the State of Texas with regard to the operation of the HOME Program. Based on these <br />considerations, and in order to ensure the legal and effective performance of this Contract by <br />both Parties, the Parties herein agree that the activities under this Contract are amended by the <br />provisions of the HOME Program Guidelines and Application ("Manual") and any amendments <br />thereto, and may be further amended in the following manner: <br /> <br />A. Department may, from time to time, during the Contract Period issue policy directives <br />which serve to establish, interpret, or clarify the performance requirements under this <br />Contract; <br /> <br />1. such policy directives shall be promulgated by the Manager of the HOME program in <br />the form of HOME issuances; and <br /> <br />2. shall have the effect of qualifying the terms of this Contract; and <br /> <br />3. shall be binding upon Administrator, as if written herein. <br /> <br />B. Provided, however, that said policy directives and any amendments to said Manual shall <br />not alter the terms of this Contract so as to release Department of any obligation specified <br />in Article 3 of this Contract to reimburse costs incurred by Administrator prior to the <br />effeqtive date of said amendment or policy directive. <br /> <br />15.3 Any changes, additions, or deletions to the terms of this Contract which are required by changes <br />in Federal or state law, or regulations, are automatically incorporated into this Contract without <br />the requirement of a written amendment hereto, and shall become effective on the date <br />designated by such law or regulation. <br /> <br />ARTICLE 16 <br />Suspension <br /> <br />In the event Administrator fails to comply with any term of this Contract, Department may, upon written <br />notification to Administrator, suspend this Contract in whole or in part, withhold further payments to <br />Administrator, and prohibit Administrator from incurring additional obligations for funds under this <br />Contract. <br /> <br />ARTICLE 17 <br />Termination <br /> <br />The Department may terminate this Contract in whole or in part, in accordance with 24 CFR 85.43 and <br />this Article 17. In the event Administrator fails to materially comply, in Department's sole discretion <br />and judgment, with any term of this Contract, or any term stated in a Federal statute or regulation, or <br />with any assurance given to Department by Administrator, or with any term in a State plan, or with <br />Administrator's application, the notice of award, Administrator's Performance Timetable or elsewhere, <br />Department may take any of the following actions: <br /> <br />Page 7 of 17 <br />HOME Contract No. 535035 <br />Owner Occupied Assistance <br />
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