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(1) No information or statement furnished by it to the Authority contains, and no report required to be or
<br />otherwise delivered by it to the Authority will contain, any untrue statement of a material fact or will omit to
<br />state a material fact necessary to make such information, statements, or reports not misleading.
<br />2. ' Term of Agreement/Period of Performance. This Agreement shall be effective as of August 31, 2015 (the
<br />"Effective Date") and shall remain in effect until January 29, 2021 ("Expiration Date") except as extended by
<br />written consent of the parties, unless sooner terminated as provided herein. Notwithstanding the foregoing, the
<br />Recipient must expend and disperse the entire amount of the Award within eighteen (18) months of the Effective
<br />Date of this Agreement.
<br />3. Payment Schedule, The Authority shall disburse to the Recipient an amount not in excess of the Award upon: (i)
<br />request for disbursement on form "Claim Voucher" (A-12) properly executed by the Recipient; (ii) receipt of all
<br />proper materials, receipts, and approvals provided herein, together with such other documentation as the Authority
<br />may, from time to time, request; (iii) requested evidence that awarded funds are being expended in proportion to
<br />expenditures of match and leverage; and (iv) appropriate assurance and/or evidence satisfactory to the Authority
<br />that the Recipient is in full and strict compliance with this Agreement and the Project.
<br />NOTE: Any action, review, recommendation, approval, or other activity taken by or on behalf of the Authority
<br />does not expressly or impliedly, directly or indirectly, suggest, represent, or warrant that the Recipient or the
<br />Project is in compliance with applicable statutes, rules, regulations, applications, or other statements. Rather, the
<br />Recipient acknowledges that it is solely responsible for all such matters.
<br />4, Progress Reports. The Recipient shall submit at a minimum quarterly progress reports to the IHCDA upon request.
<br />The report shall be in written form. The progress reports shall serve the purpose of assuring the IHCDA that work
<br />is progressing in line with the proposal or schedule, and that completion can be reasonably assured on the
<br />scheduled date. The report will be submitted to HUD for final approval.
<br />5. Compliance with Laws.
<br />(a) Any action, review, recommendation, approval, or other activity taken by or on behalf of the Authority does
<br />not expressly or impliedly, directly or indirectly, suggest, represent, or warrant that the Recipient or the Project
<br />is in compliance with applicable statutes, rules, regulations, applications, or other statements. Rather, the
<br />Recipient acknowledges that it is solely responsible for all such matters.
<br />(b) The Recipient shall comply with all applicable federal, state and local laws, rules, regulations and ordinances,
<br />and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment
<br />of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement
<br />shall be reviewed by the IHCDA and the Recipient to determine whether the provisions of this Agreement
<br />require formal modification.
<br />(c) The Recipient and its agents shall abide by all ethical requirements that apply to persons who have a business
<br />relationship with the State as set forth in IC §4-2-6 et seq., IC §4-2-7, et. seq. and the regulations promulgated
<br />thereunder. If the Recipient has knowledge, or would have acquired knowledge with reasonable inquiry, that a
<br />state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial
<br />interest in the Agreement, the Recipient shall ensure compliance with the disclosure requirements in IC 4-2-6-
<br />10.5 prior to the execution of this Agreement. If the Recipient is not familiar with these ethical requirements,
<br />the Recipient should refer any questions to the Indiana State Ethics Commission, or visit the Inspector
<br />General's website at http://www.in.gov/ig/. If the Recipient or its agents violate any applicable ethical
<br />standards, IHCDA may, in its sole discretion, terminate this Agreement immediately upon notice to the
<br />Recipient. In addition, the Recipient may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and
<br />under any other applicable laws.
<br />(d) The Recipient certifies by entering into this Agreement, that neither it nor its principal(s) is presently in arrears
<br />in payment of its taxes, permit fees or other statutory, regulatory or judicially required payments to the State.
<br />Further, the Recipient agrees that any payments in arrears and currently due to the State may be withheld from
<br />payments due to the Recipient. Additionally, further payments may be withheld, delayed, or denied and/or this
<br />LEAD- CITY of SOUTH BEND LD-018-003
<br />Recapture Page 3 of23
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