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<br />"CIllCflL 'is cOflditioned upon the ,ubmiss " of satisfactory iflfor ,tion
<br />,GOfltrdctUr "builL the pnJject dnd compliance with oLher procedures
<br />l(Jecif ied by III1U, IIIJll wi II disbur'se reflLdl r'ehdlJil'itdtion funds obl ,LII(j'
<br />Ue~arLmcnt under' Lhis conLracL IJY electronic funds transfer to Ule depos\tol'Y
<br />instiLution dcsi(jllaLcd IJY contr'ilctor, AmounLs requesLed by ContracLor will
<br />be disbursed by IIUIl as closely as possible to the tiille Lhey are needed by the
<br />Owner to pay eli(jible rehdbil"ldtion cosls and suctl aillount shal\immediah~ly
<br />be disbursed by Contractor iHld llwnerin ~ayment for eligible cosLs,
<br />ConLracLur sball establish a rental rehabilitation deposit account at
<br />designdted deposiLory bdnk dnd shall noL commingle any private or public
<br />funds, whether or not such funds are to be used to suppleillent Rental
<br />Hehabilitation Pro<jram funds, in the saille accounL, Conl.r-acLor expressly
<br />understands and agrees thaL lleparLment shall not be liable for any damdges,
<br />claiills, or demands which iIlay be dsserLed as a result of any acLion, or
<br />failure to act, by IIUIl in discharge of its responsibility under the C/Ml
<br />system,
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<br />B, NotwithsLanding the provlslons of Section 5(A) of this contract, it is
<br />expressly understood and agreed by the parties hereto that payments under
<br />this contract are contingenL upon Contractor's full and satisfactory
<br />performance of its obl igat'lons under this conLract and that Department may,
<br />at its sole option and in its sole discretion, withdraw and reallocate rental
<br />rehabilitation funds provided under this contract based on contractor's
<br />noncompliance with the terms of this contract, applicable laws or regulations
<br />'including reciVient's failure to meet the schedule for committing rental
<br />rehabilitation amounts as set forth in Exhibit D of this contract,
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<br />C, It is expressly understood and agreed by the parties hereto that any
<br />right or remedy provided for in this Section 5 or in any other provision of
<br />this conLract shall not preclude the exercise of any other right or remedy
<br />under this contract or under any provisions of law, nor shall any action
<br />taken in the exercise of any right or remedy be deemed a waiver of any other
<br />rights or remedies, failure to exercise any right or remedy hereunder shall
<br />not consL',tute a waiver' of the right to exercise thaL or any other right or
<br />remedy at any time,
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<br />SECIION 6,
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<br />~_NEQ@U\Ilt4] N 1ST ~[lJ]-'LE H E_Q~IJ~EM.EtiI~J_CO~1
<br />1'-RJi,-~li)lL)L ilI'm_~tO\oJAB.lULLQUJ)~-l.2
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<br />A, ConLracLor shall comply \-liLh Office of ~\anagement and Budget (or~B)
<br />Circular A,102 as supplemented by the rules promulgaLed by the Office of the
<br />Governor' aL I lex. I<eg, 31'/2 (August 31, 1982) under the Uniform Grant and
<br />Contract ManagemenL Act of 1981 (TEX,REV.CIV,STAT,ANN,art.44l3 (32g) ,),
<br />hereinafter referred to as the Management Standards, except to the extent
<br />that Department establist,es variations from the Management standards in
<br />accordance with section 6 of such Act,
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<br />B, Ihe allo\-!dbility of costs incurred for performances rendered her'eunder
<br />sha 11 be detenn'lnedin accor'dance with Qt.m Circular' {\ 'B7, as supplemented by
<br />Sect'lon 5,150 of the r.lanagement standards, subject to the following
<br />l'lmi Lation,
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<br />PAGt;301-11
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