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13 Agreement
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13 Agreement
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Last modified
8/23/2012 8:36:29 AM
Creation date
4/27/2009 1:49:57 PM
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AGENDA
Item Number
13
AGENDA - Type
RESOLUTION
Description
13 Agreement
AGENDA - Date
4/27/2009
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this contract. An executed facsimile copv will be sufficiei7t to evidence the Parties <br />agreement to any amenciinent, revision or chan~~e to this contract. <br />B. It is understood and al,-,reed by the Parties hereto that perionnance of all activlties under <br />this contract inust be rendered in accordance %vith the Act, Exhibit A of this Contract, the <br />regulations promulgated ui7der the Act, the assurances and certifications made to <br />Department by Administrator, and the asstlralices and certifications made to the United <br />States Department of Housing and Urban Development by the State of Texas witli regard <br />to the operatiorl of the HOME Program. Based on these coilsiderations, and in order to <br />ensure the legal and effective performailce of this contract by both Parties, the Parties <br />herein agree that the activities under this contract are amended by the provisions of the <br />HOME Mantial and any amendments or revisions thereto, and may be further amended in <br />the following manner: <br />1. Department may issue guidance which serves to establish, interpret, or clarify the <br />performance requirements under this contract. Such policy directives shall: <br />a. be promulgated in the form of HOME Program Policy Issuances; <br />b. have the effect of qualifyin; the terms of this contract; and <br />c. be binding upon Administrator as if written herein. <br />2. Provided, however, that said guidance and any amendments to the HOME Manual <br />shall not alter the terms of this contract so as to release Department of any <br />obligation specified in Section 3 of this contract to reimburse costs incurred by <br />Administrator pnor to the effective date of said amendinent or policy directive. <br />C. Any changes, additions, or deletions to the terms of this contract which are required by <br />changes in federal _or state law, or regulations, are automatically incorporated into this_ <br />contract without the requirement of a written amendment hereto, and shall become <br />effective on the date designated by such law or regulation. <br />D. Amendment requests must be submitted in writing by Administratar sixty (60) days prior <br />to this contract's termination date, as specified in Section L SECTION 16. SUSPENSION <br />In the event Administrator fails to cornply with any tenn of this contract, Department may, upon <br />written notification to Administrator, suspe7ld this contract in whole or in part, w.ithhold further <br />disbursements to Administrator, and prohibit Administrator from incurring additional obligations <br />for funds under this contract. Adnlinistrator acknowledges that it does not have a right to <br />suspension as a pre-requisite to termination. <br />SECTION 17. TERMINATION <br />A. Department ma_y terniinate this contract in whole or in part, in accordance with this <br />section. In the event Administrator fails to comply, in Department's sole discretion and <br />judgi-rient, xith any ternl of this contract, or any term stated in a federal statute or <br />regulatioil, or with any assurance given to Departnlent by Administrator, or "vith any term <br />HOME Contract 4] 000930 <br />Page 9 of 21 <br />w 000114 <br />
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