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<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 th.e Effective
<br /> Date of this Agreement.
<br /> 5. Payment Schedule. The Authority shall disburse to the Recipient an amount not in excess of the Award as follows:
<br /> (a)Recipient shall submit to IHCDA,at least monthly,properly completed claims for reimbursement of allowable
<br /> costs incurred by Recipient under this Agreement during the prior month; (b) claims shall be submitted using
<br /> IHCDA's online claim system and pursuant to instructions issued by IHCDA. Disbursement by IHCDA is
<br /> conditioned on: (x)IHCDA's receipt of all proper materials,receipts,and approvals provided herein,together with
<br /> such other documentation as the Authority may, from time to time,request; (y)requested evidence that awarded
<br /> funds are being expended in proportion to expenditures of match and leverage; and (z) appropriate assurance
<br /> and/or evidence satisfactory to the Authority that the Recipient is in full and strict compliance with this Agreement
<br /> and the Project.
<br /> 6. Progress Reports. The Recipient shall submit progress reports to the IHCDA upon request. The report shall be
<br /> • oral,unless the IHCDA,upon receipt of the oral report,should deem it necessary to have it in written form. The
<br /> progress reports shall serve the purpose of assuring the IHCDA that work is progressing in line with the proposal
<br /> or schedule,and that completion can be reasonably assured on the scheduled date.
<br /> 7. 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 tot e
<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 /> 'pp Agreement suspended until the Recipient is current in its payments and has submitted proof of such payment
<br /> to the State and the IHCDA.
<br /> (e) The Recipient warrants that it has no current or outstanding criminal,civil,or enforcement actions initiated by
<br /> the State pending, and agrees that it will immediately notify the State and the IHCDA of any such actions.
<br /> During the term of such actions,the Recipient agrees that IHCDA may delay,withhold,or deny work under
<br /> any supplement,amendment or contractual device issued pursuant to this Agreement.
<br /> CDB Cr-I)CITY OF SOUTH BEND DR2OR 018-003
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