2009-073-RES-TDHCA Home Program - Laserfiche WebLink

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this contract. An e~ecuted facsimile copy Will be sufficient to evidence the Parties agreement to any amendment, revision or chan(_,,e to this contract. B. It is understood and agreed by the Parties hereto that performance of all activitles under this contract must be rendered in accordance with the Act, the state and federal regulations pT-olnulgated under the Act, the assurances and certificatiozls made to Department by Administrator, and the assurances and certifications made to the United States Department of Housing and Urbarl Developinent by the State of Texas with regard to the operation of the HOME Program. Further, the Department may issue guidance which serves to interpret or clarify the perfonnance requirements under this contract. C. Any changes, additions, or deletions to the terms of this contract which are required by changes in federal or state law, or regulations, are automatically incorporated into this contract without the requirement of a wntten amendment hereto, and shall become effective on the date designated by such law or regulation. D. Amendment requests must be submitted in writing by Administrator ninety (90) days prior to this contract's ternlination date, as specified in Section 1. SECTION 16. SUSPENSION In the event Administrator fails to comply with any term of this contract, Department may, upon written notification to Administrator, suspend this contract in whole or in part, withhold further disbursements to Administrator, and prohibit Administrator from incurring additional obligations for funds under this contract. Administrator acknowledges that it does not have a right to suspension as a pre-requisite to termination. SECTION 17. TERMINATION A. Department may terminate this contract in whole or in part, in accordance with this section. In the event Administrator fails to comply, in Department's sole discretion and judgment, with any term of this contract, or any temi stated in a federal statute or regulation, or with any assurance given to Department by Administrator, or with any term in a state plan, or with Administrator's application, the notice of award, or elsewhere Department may take any of the following actions: l. Temporarily withhold disbursements pending correction of the deficiency by Administrator; 2. disallow all or part of the cost of the activity or action not in compliance; suspend this contract upon written notification to Administrator of the deficiency and the penod within which Administrator must comply; 4. accept Administrator's failure to comply or correct any deficiency within the time period set forth in any written nohce of suspension as evidence of Administrator's inability to perform under the terms of this contract, Administrator's intent to terminate this contract and Administrator's ageement to surrender all rights to remaining funds; 5, withhold further HOME awards from Administrator, and/or affiliated Parties; HOME Contract # 1001053 Pagle 9 of 21