Contract - Indiana Housing and Community Development Authority - DCI

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all information required by the National Foreclosure Mitigation Counseling Program. The Contractor acknowledges that data collection and statistics, particularly with regard to settlement conferences, are central to the success and viability of the IFPN. As such, the progress reports submitted by Contractor shall indicate, with regard to each client of Contractor, whether client requested a settlement conference, and if so, whether the settlement conference was "Successful" or `'Not Successful". For the purposes of this Agreement, "Successful" means any one of the following outcomes: a reinstated loan, a loan modification, a repayment plan, a forbearance agreement or plan, a refinancing, a short sale or pre -foreclosure sale, a deed -in -lieu of foreclosure, an agreement to stay foreclosure proceedings or other outcome which the Deputy Director of Asset Preservation or his designee, in writing, has indicated is a Successful Outcome. A settlement conference resulting in an outcome not above listed shall be reported as "Not Successful" by Contractor. Further, Contractor shall capture and report to IHCDA the above -described settlement conference data for clients serviced partially with sources of funding outside this Contract. 39. Public Record. The Contractor acknowledges that IHCDA will not treat this Contract as containing confidential information, and will post this Contract on its website as required by Executive Order 05-07. Use by the public of the information contained in this Contract shall not be considered an act of IHCDA. 40. Renewal Option. This Contract may be renewed under the same terms and conditions, subject to approval of the IHCDA Board of Directors, and in compliance with IC 5-22-17-4. The term of the renewed Contract may not be longer than the term of the original Contract. 41. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 42. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements. 43. Taxes. IHCDA is exempt from most state and local taxes and many federal taxes. IHCDA will not be responsible for any taxes levied on the Contractor as a result of this Contract. 44. Termination for Convenience. This Contract may be terminated, in whole or in part by IHCDA which shall include and is not limited to the Indiana Department of Administration and the State Budget Agency whenever, for any reason, IHCDA, IDOA or the State Budget Agency determines that such termination is in its best interest. Termination of services shall be effected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to the termination effective date, specifying the extent to which performance of services under such termination may continue. The Contractor shall be compensated for services properly rendered prior to the effective date of termination. IHCDA will not be liable for services 100024811-1} Page 14 of 39