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is liable and agrees to repay an amount specified by Departnient for each housing unit <br />assisted with funds provided Llnder this contract that fails to colnply, or ceases to comply, <br />with the affordability requirements of this contract. If Administrator lends funds <br />provided under this contract to anyone, the resulting loan agreement, note, and mortgage <br />nltist provide that the affordability requirements must contiiiue to be met throughout the <br />ternl of the loan and that the affordability requirements shall be binding upon the heirs, <br />successors, assignees, and transferees of Administrator. Department shall not release any <br />funds for any costs incurred by Administrator under this contract until Department has <br />received from Administrator an executed, legally enforceable agreement from each <br />homeowner containing remedies adequate to enforce the affordability requiremcnts of 24 <br />C.F.R. §92.254, as applicable, with Administrator: Administrator shall record such <br />agreements in the real property records of the county in which the housing unit is located <br />and return the original documents, duly certified as to recordation by the appropriate <br />county official, to Department. Receipt of such certified recorded original agreements by <br />Department is required prior to disbursement of any funds under this contract. <br />C. Upon termination of this contract, all funds remaining on hand on the date of termination, <br />and all accounts receivable attributable to the use of funds received under this contract <br />shall revert to Department. Administrator shall return these assets to Department within <br />seven (7) business days after the date of termination. <br />D. Any home demolished that cannot be completed within the contract period becomes the <br />responsibility of the Administrator for completion. <br />E. The Administrator shall include language in any subcontract that provides the <br />Department the ability to directly review, monitor, andlor audit the operational and <br />financial performance and/or records of work performed under this Contract. <br />F. The Administrator shall include language in any subcontract that failure of <br />subcontractor/consultant to adequately perform under the contract may result in penalties <br />up to and including Debarment from performing additional work for the Department. <br />SECTION 23. ORAL AND WRITTEN AGREEMENTS <br />A. All oral and written agreements between the Parties to this contract relating to the subject <br />matter of this contract that were made prior to the execution of this contract have been <br />reduced to writing and are contained in this contract. <br />B. The attachments enumerated and denominated below are a part of this contract and <br />constitute pramised performances under this contract: <br />1. Exhibit A, Performance Statement and Budget <br />2. Exhibit B, Applicable Laws and Regulations <br />3. Exhibit C, Certification Regarding Lobbying <br />SECTION 24. VENUE <br />For purposes of litigation pursuant to this contract, venue shall lie in Travis County, Texas. <br />ATTACHMENT A <br />HOME Contract 4 1001053 <br />Page 15 of 21 <br />~ a~q - 3' <br />