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Disbursement is conditioned upon the submission of satisfactory information <br />by Contractor about the project and compliance with other procedures • <br />specified by HUD. HUD will disburse rental rehabilitation funds obligated by <br />Department under thi.s contract by electronic funds transfer to the depository <br />institution designated by Contractor. 'Amounts requested by Contractor will <br />be disbursed by HUD as closely as possible to the time they are needed by the <br />Owner to pay eligible rehabilitation costs and such amount shall immediately <br />be disbursed by Contractor and Owner in payment for.eligible costs. <br />Contractor shall establish a rental rehabilitation deposit account at <br />designated depository bank and shall not commingle any private or public <br />funds., whether or not such funds are to,be used to supplement Rental <br />Rehabilitation Program funds, in the same account. Contractor expressly <br />understands and agrees that Department shall not be liable for any damages, <br />claims, or demands which may be asserted as a result of any action, or <br />failure to act, by HUD in discharge of its responsibility under the C /MI <br />system. <br />B. Administrative Funds:' Contractor shall submit.a request for <br />reim ursement on a form specified by Department, no more frequently than <br />bi- weekly for costs incurred in administering this contract. <br />C. Notwithstanding the provisions of Section 5(A) -0f this contract, it is <br />expressly understood and agreed by the-parties hereto that payments under <br />this contract are contingent upon Contractor's full and satisfactory <br />performance of its obligations under* this contract .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 recipient's failure to meet the schedule -for committing rental <br />rehabilitation amounts as set forth in Exhibit D of -this contract. <br />D. 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 contract 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 constitute a waiver of the right to exercise that or any other right or <br />remedy at any time. <br />SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST <br />PRINCIPLES, AND ALLOWABILITY OF COSTS <br />A. Contractor shall comply with Office of Management and Budget (OMB) <br />Circular A- 102-as supplemented by the rules promulgated•by the Office of the <br />Governor at 7 Tex. Reg. 3172 under the Uniform Grant 'and Contract Management <br />Act of 1981 (TEX.REV.CIV.STAT.ANN.art.4413 (32g).), hereinafter referred to <br />as the Management Standards, except to the extent that Department establishes <br />variations from the Management Standards -in accordance with Section 6 of such <br />Act. <br />B. Except for administrative costs, the allowability <br />performances rendered hereunder shall be determined in <br />Circular A -122, subject to the following limitations: <br />PAGE 3 OF 11 <br />of costs incurred for <br />accordance with OMB <br />L <br />