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(d) It shall not expend any pant of the Award for purposes other than the Project or spend more of the Award for
<br />any class of items or activities than the amount allocated for such purposes in the appropriate Iine item of the
<br />Budget, a copy of which is attached hereto, made a part hereof, and marked "Exhibit B' ;
<br />(e) It shall, froin time to time, timely and promptly do each and every act and thing that may be necessary and/or
<br />appropriate to perform its duties and obligations under this Agreement, the Application, and the IHCDA
<br />CDBG & HOME Program Manual (the "Award Manual");
<br />( It shall promptly repay IHCDA for any CDBG funds it utilizes for expenses that are deemed "ineligible" by
<br />any of the following IHCDA, HUD, 24 CPR 570, an audit, or the Award Manual;
<br />(g) All work and activities authorized and/or contemplated under this Agreement, the Application, and the Project
<br />will be in strict obeyance, compliance, and observance of all applicable laws, rules, regulations, and executive
<br />orders of all Federal, State, and local governments and regulatory bodies, including provisions of the Award
<br />Manual and its application, as from time to time amended;
<br />(h) It shall keep and, upon request, timely submit such records and reports as may be required from time to time
<br />by the Authority or the U.S. Department of Housing and Urban Development ("HUD"), which records shall
<br />include those necessary for fair housing and equal opportunity purposes, and other records reasonably
<br />necessary to assist the Authority in complying with 24 CFR §§ 570.506 and 570.507;
<br />(i) It has not taken and will not take any action or permit any action that is within its control to be taken or fail to
<br />take any action that would impair the Award or the Project. It shall timely prepare all fiscal and management
<br />records required by the Award Manual and/or the Authority that are necessary or appropriate to effectively
<br />administer and/or monitor the Project. It will maintain books, records, documents, and other evidence
<br />pertaining to the Project and all costs and expenses incurred and revenues received under this Agreement in
<br />sufficient detail to reflect all activities undertaken in connection with the Project and all costs, direct and
<br />indirect, of labor, materials, equipment, supplies, services, and other costs of whatever nature, for which
<br />payment is claimed under this Agreement. It shall retain all such records for the for the greater of three (3)
<br />years fi•orn closeout of the State of Indiana's grant between HUD, or the period required by other applicable
<br />laws and regulations as described in 24 CFR 570.487 and 24 CPR §570.498. Records shall be retained
<br />beyond the prescribed period if any litigation, claim, negotiation, audit, or other action is begun involving this
<br />Agreement or the Project. In that instance, the records shall be retained until the litigation, claim, negotiation,
<br />audit, or other action has been finally resolved;
<br />(j) In accordance with 2 CFR 200.336, it will provide HUD, the Office of the Inspector General, the Comptroller
<br />General of the United States, and IHCDA, or any of their authorized representatives, access to any documents,
<br />papers, or other records of the Recipient which are pertinent to the Award, in order to make audits,
<br />examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the Recipient's
<br />personnel for the purpose of interview and discussion related to such documents.
<br />(k) Except as permitted -by and in compliance with 24 CFR § 570.4890), the Recipient will not change the use or
<br />planned use of any real property within its control that was acquired or improved in whole or in part using the
<br />Award, from that for which the acquisition or improvement was made;
<br />(1) It guarantees total satisfactory performance of all work contemplated by this Agreement, and it shall tape any
<br />and all action necessary including for purposes of illustration that which is requested by the Authority to
<br />correct or otherwise cure any problems or deficiencies identified by the IIICDA during its monitoring and
<br />evaluation;
<br />(m) 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 />4. Term of A reement(Period of Performance. This Agreement shall be effective as of August 31, 2018 (the
<br />"Effective Date") and shall remain in effect until December 31, 2018 ("Expiration Date") except as extended by
<br />CDBG-MY OF SOUTH BEND DR20R-018-003
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