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(f) If a valid dispute exists as to the Recipient's liability or guilt in any action initiated by the State or its agencies,
<br />and the IHCDA decides to delay, withhold, or deny funding to the Recipient, the Recipient may request that
<br />funding be continued. The Recipient must submit, in writing, a request for review to the Indiana Department
<br />of Administration ("IDOA") following the procedures for disputes outlined herein. A determination by IDOA
<br />shall be, binding on the parties. Any payments that the IHCDA may delay, withhold, deny, or apply under this
<br />Subsection (f) shall not be subject to penalty or interest except as permitted by IC 5-17-5,
<br />(g) The Recipient warrants that the Recipient and its subcontractors, if any, shall obtain and maintain all required
<br />permits, licenses, and approvals, and shall comply with all health, safety, and environm®ntal statutes, rules, or
<br />regulations in the performance of work activities for the lHCDA. Failure to do so is a material breach and
<br />grounds for immediate termination of this Agreement and denial of further payment by the IHCDA.
<br />(h) The Recipient hereby affirms that, if it is an entity described in IC 'Title 23, it is properly registered and owes
<br />no outstanding reports with the Indiana Secretary of State.
<br />(i) As required by IC 5-22-3-7:
<br />(1) The Recipient and any principals of the Recipient certify that (A) the Recipient, except for de minimis and
<br />nonsystematic violations, has not violated the terms of (i) IC 24-4.7 (Telephone Solicitation Of COnsumers),
<br />(ii) IC 24-5-12 (Telephone Solicitations) , or (iii) IC 24-5-14 (Regulation of Automatic Dialing Machines) in
<br />the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by Federal law; and (B) the
<br />Recipient will not violate the terms of IC 24-4.7 for the duration of this Agreement, even if IC 24-4.7 is
<br />preempted by Federal law.
<br />(2) The Recipient and any principals of the Recipient certify that an affiliate or principal of the Recipient and
<br />any agent acting on behalf of the Recipient or on behalf of an affiliate or principal of the Recipient (A) except
<br />for de ininimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three
<br />hundred sixty-five (365) days, even if IC 24-4.7 is preempted by Federal law; and (B) will not violate the
<br />terms of IC 24-4.7 for the duration of this Grant Agreement, even if IC 24-4.7 is preempted by Federal law.
<br />8. Limitations on Expenditures of Program Funds.
<br />(a) Costs associated with the environmental review, program delivery, or property acquisition may be incurred by
<br />the Recipient, at its election, prior to the effective date of the Award. This authorization to incur such costs
<br />under the Award, however, including environmental program delivery, or property acquisition casts, does not
<br />constitute a guarantee that such costs will be paid or reimbursed by the Authority. All costs incurred by the
<br />Recipient prior to the effective date of the Award and receipt of a "Notice of Release of Funds" are incurred
<br />voluntarily, at the Recipient's risk, and upon its own credit and expense.
<br />(b) Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the
<br />Enviromnental Review Procedures applicable to the CDBG program set forth in 24 C.F.R. farts 50 and 58,
<br />and any successor statute or regulation, until such release is issued in writing.
<br />9. Termination: Cancellation of Funding.
<br />(a) 'Termination.
<br />(1) The Authority may immediately suspend or terminate this Agreement if the Recipient fails to comply with
<br />any material term of the Agreement.
<br />(2) This Agreement may be terminated at any time, by either party, with or without cause, upon thirty (30)
<br />days written notice. Written notice of such termination .trust be sent to the other party by certified mail, return
<br />receipt requested, postage prepaid. After mailing of such notice of termination, no new or additional liabilities
<br />shall be incurred without the prior written approval of the Authority.
<br />(b) For Convenience. This Agreement may be terminated, in whole or in part, by the Authority whenever, for any
<br />reason, the Authority determines that such termination is in the best interest of the Authority. Termination
<br />DR2OR
<br />CDBG-D CITY OF SOUTH BEND T'aec 4 3
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