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<br />.0. Notwithstanding any exercise by Department of its, 19ht of suspension <br />under Section 17 of this contract, or of early termination pursuant to this <br />Section 18, Contractor shall not be relieved of any liability to Department <br />of damages due to Department by virtue of any breach of this contract by <br />Contractor. Department may cause payments to Contractor to be withheld until <br />such time as the exact amount ~f damages due to Department from Contractor is <br />agreed upon or is otherwise determined. <br /> <br />SECTION 19. <br /> <br />AUDIT <br /> <br />A. Unless otherwise directed by Department, Contractor shall arrange for the <br />performance of a financial and compliance audit of funds received under this <br />contract, subject to the following conditions and limitations: <br /> <br />1. Contractor shall have an audit made in accordance with the Single Audit <br />Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit Act"), and OMB's <br />Circular No. A-128, "Audit Requirements for State and Local Governments," 49 <br />Fed.Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which <br />Contractor receives $25,000.00 or more in Federal financial assistance. For <br />purposes of this Section 19, "Federal financial assistance" means assistance <br />provided by a Federal agency in the form of grants, contracts, cooperative <br />agreements, loans, loan guarantees, property, interest subsidies,insurance, <br />or direct appropriations, but does not include direct Federal cash assistance <br />to individuals. It includes awards received directly from Federal agencies, <br />or indirectly through other units of State and local governments. <br /> <br />2. . At the option of Contractor, each audit'requiredby..this section may <br />cover either Contractor's entire operations or each department, agency, or <br />establishment of Contractor which received, expended, or otherwise <br />administered federal financial assistance. <br /> <br />3. Unless otherwise specifically authorized by Department in writing, <br />Contractor shall submit the report of such audit to Department within thirty <br />(30) days after the completion of the audit, but no later than one year after <br />the end of the audit period. Audits performed under this Section 19 are <br />subject to review and resolution by Department or its authorized <br />representative. Resolution of findings shall be made within six (6) months <br />after receipt of the audit report by Department. <br /> <br />B. Contractor shall take such action to facilitate the performance of such <br />audit or audits conducted pursuant to this Section 19 as Department of the <br />U.S. Department of Housing and Urban Development (HUD) may require of <br />Contractor. <br /> <br />SECTION 20. <br /> <br />ENVIRONMENTAL CLEARANCE REQUIREMENTS <br /> <br />A. Contractor understands and agrees that by the execution of this contract <br />Contractor shall assume the responsibilities for environmental review, <br />decision-making, and other action which would otherwise apply to Department <br />under Section 5304{f) of the Housing and Community Development Act of 1974, <br />in accordance with and to the extent specified in 24 C.F.R. Part 58. In <br />accordance with Section 58.77{b) of such regulations, Contractor further <br />understands and agrees that Contractor shall handle inquiries and complaints <br />from persons and agencies seeking redress in relation to environmental <br />reviews covered by approved certifications. <br /> <br />PAGE 9 OF 11 <br />