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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 1HCDA 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,Iicenses,and approvals,and shall comply with all health,safety,and environmental statutes,rules,or
<br /> regulations in the performance of work activities for the ICDA. 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(1)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 au 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 minimis 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 theenvironmental review,program delivery,or property acquisition maybe 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 costs,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 /> Environmental Review Procedures applicable to the CDBG program set forth in 24 C.F.R.Parts 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 must 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 /> •
<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 /> CDBG-D CITY OF SOUTH BEND DR2OR-018-003
<br /> Recapture Page 4 of 24
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