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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 copy will be sufficient to evidence the Parties <br />agreement to any amendment, revision or change to this contract. <br />B. It is understood and agreed by the Parties hereto that perfonnance of all activities under <br />this contract must be rendered in accordance with the Act, the state and federal <br />regulations promulgated under the Act, the assurances and certifications made to <br />Department by Administrator, and t}ie assurances and certifications made to the United <br />States Department of Housing and Urban Developnlent by the State of Texas with regard <br />to the operation of the HOME Program. Further, the Department may issue guidance <br />which serves to interpret or clarify the perfonnance requirements under this contract. <br />C. Any changes, additions, or deletions to the ternls 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 ninety (90) days <br />priar to this contract's termination date, as specified in Section 1. <br />SECTION 16. SUSPENSION <br />In the event Administrator fails to comply with any term of this contract, Department may, upon <br />written notification to Administrator, suspend this contract in whole or in part, withhold further <br />disbursements to Administrator, and prohibit Administrator from incurring additional obligations <br />for funds under this contract. Administrator acknowledges that it does not have a right to <br />suspension as a pre-requisite to termination. <br />SECTION 17. TERMINATION <br />A. Department may terminate 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 />judgment, with any term of this contract, ar any term stated in a federal statute or <br />regulation, or with any assurance given to Department by Administrator, or with any term <br />in a state plan, or with Administrator's application, the notice of award, or elsewhere <br />Department may take any of the following actions: <br />1. Temporarily withhold disbursements pending correction of the deficiency by <br />Administrator; <br />2. disallow all or part of the cost of the activity or action not in compliance; <br />3. suspend this contract upon wntten notification to Administrator of the deficiency <br />and the penod within which Administrator must comply; <br />4. accept Administrator's failure to comply or correct any deficiency within the time <br />period set forth in any wntten notice of suspension as evidence of Administrator's <br />inability to perforni under the terms of this contract, Administrator's intent to <br />terminate this contract and Administrator's agreement to surrender all rights to <br />remaining fiinds; <br />5. withhold further HOME awards from Administrator, and/or affiliated Parties; <br />HOME Contract # 1001053 <br />Page 9 of 21 <br />1a1~-~~ <br />
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