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<br /> (d) It shall not expend any part 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 line item of the
<br /> Budget,a copy of which is attached hereto,made a part hereof,and marked`Exhibit B";
<br /> (e) It shall,from 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 /> (f) 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 CFR 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 from 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 CFR §570.488. 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§570.489(j),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 take 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 IHCDA 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 Agreement/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 D CPrY OP SOUTH BEND DR2OR 018-003
<br /> Recapture Page 2 of 24
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