Contract - IHCDA - Mortage Foreclosure Counseling

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delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. IHCDA may withhold from these amounts any sum IHCDA determines to be necessary to protect IHCDA against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of IHCDA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. E. This Contract may be suspended and/or terminated immediately if the Contractor has breached, defaulted, or committed fraud under this Contract or another contract between the Contractor and IHCDA. Further, Contractor's breach or default of other agreements or obligations related to this Contract shall constitute a material breach of this Contract. 46. Travel. Intentionally omitted. 47. Indiana Veteran's Business Enterprise Compliance Intentionally Omitted. 48. Waiver of Ri hts. No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the'party claimed to have waived such right. Neither IHCDA's review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to IHCDA in accordance with applicable law for all damages to IHCDA caused by the Contractor's negligent performance of any of the services furnished under this Contract. 49. Work Standards. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If IHCDA becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Contract, IHCDA may request in writing the replacement of any or all such individuals, and the Contractor shall grant such request. Contractor represents and warrants that all employees or independent contractors working for Contractor under this Contract either (a) are IFPN state -certified foreclosure prevention specialists under the Indiana Housing Educators Licensing Procedures and Standards ("HELPS"), (b) are, as of the Effective Date, enrolled in HELPS training to become IFPN state - certified foreclosure prevention specialists, or (c) will, within thirty (30) days of the Effective Date, enroll in HELPS training to become IFPN state -certified foreclosure prevention specialists. Contractor acknowledges that IC 32-3040.5-10(a)(5)(A) states that an individual has the right to be assisted by a mortgage foreclosure counselor at a settlement conference, and that, if requested, Contractor will attend a settlement conference with a client. Failure to comply with this Section may result in immediate termination of the Contract. 50. Accessib lii The Contractor will ensure that counseling offices and services will be accessible to persons with disabilities, or have a referral list for clients that need accessibility if its building does not provide access. If Contractor does not provide translation services, it must access translation services {00029857-1) Page 16 of 29