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<br />SECTION 16. <br /> <br />CHANGES AND AMENDMENTS <br /> <br />A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to <br />the terms of this contract shall be by amendment hereto in writing and executed by both parties to <br />this contract <br /> <br />B. It is understood and agreed by the parties hereto that performances under this contract must be <br />rendered in accordance with the Act, the Regulations, the assurances and certifications made to <br />Department by Contractor, and the assurances and certifications made to the United States <br />Department of Housing and Urban Development by the State of Texas with regard to the operation of <br />the Texas Community Development Program. Based on these considerations, and in order to ensure <br />the legal and effective performance of this contract by both parties, it is agreed by the parties hereto <br />that the performances under this contract are amended by the provisions of the TCDP Proiect <br />Imolementation Manual and any amendments thereto and may further be amended in the following <br />manner: Department may from time to time during the period of performance of this contract issue <br />policy directives which serve to establish, interpret, or clarify performance requirements under this <br />contract Such policy directives shall be promulgated by the Director of the TCDP in the form of <br />TCDP issuances, shall have the effect of qualifying the terms of this contract and shall be binding <br />upon Contractor, as if written herein, provided however that said policy directives and any <br />amendments to said Manual shall not alter the terms of this contract so as to release Department of <br />any obligation specified in Section 4 of this contract to reimburse costs incurred by Contractor prior to <br />the effective date of said amendments or policy directives, ~, <br /> <br />C. Any alterations, 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 written' <br />amendment hereto, and shall be come effective on the date designated by such law or regulation. <br /> <br />D. Notwithstanding Subsection A of this Section 16, Contractor may make transfers of funds <br />between or among budget categories of Exhibit B, Budget, without requiring an amendment to this <br />contract, or otherwise requiring Department's prior written approval provided that: <br /> <br />1. The cumulative dollar amount of all transfers among direct budget categories is equal to or ' <br />less than five percent (5%) of the total amount of this contract as specified in Section 4 (C) herein; <br /> <br />2. The transfer will not change the scope or objective of the projects funded under this contract; <br />and <br /> <br />3. Contractor submits a budget revision report to Department, on a form specified by <br />Department, simultaneously with the submission of Contractor's first Request for Advance Form 270 <br />following any such transfers made in accordance with this Subsection D. <br /> <br />SECTION 17, <br /> <br />SUSPENSION <br /> <br />Notwithstanding the provisions of TEX. GOV'T. CODE ANN. Chapter 2251, in the event Contractor <br />fails to comply with any term of this contract, Department may, upon written notification to Contractor, <br />suspend this contract in whole or in part and withhold further payments to Contractor, and prohibit <br />Contractor from incurring additional obligations of funds under this contract <br /> <br />SECTION 18. <br /> <br />TERMINATION <br /> <br />A. Department shall have the right to terminate this contract, in whole or in part, at any time before <br />the date of completion specified in Section 2 of this contract whenever Department determines that <br />Contractor has failed to comply with any term of this contract Department shall notify Contractor in <br />Page 7 of 12 <br /> <br />I, <br />