18-62 Approval of Grant for CDBG- Disaster Relief II Funds

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• • shall be effected by delivery to the Recipient of a Termination Notice, specifying the extent to which such termination becomes effective. The Recipient shall be compensated for completion of activities properly performed prior to the effective date of termination. The Authority.will not be liable for activities performed after the effective date of termination. (c) Funding Cancellation. When the Executive Director of IHCDA or the Director of the State Budget Agency makes a written determination that funds are not available to support continuation of performance of this Agreement, the Agreement shall automatically terminate. Any determination by the Executive Director of I ICDA or the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. (d) Cross-Default. This Agreement may be suspended and/or terminated innnediately if the Recipient has committed fraud or has misused or misappropriated funds received under this Agreement or another agreement between the Recipient and IHCDA. In this event IHCDA may de-obligate and/or're-distribute all or any portion of this award to another recipient. This section shall survive the termination or expiration of this • Agreement. Further,Recipient's breach or default of other agreements or obligations related to the Project shall constitute a material breach of this Agreement. • (e) Effect of Termination. Upon expiration or termination of this Agreement for any reason,the Recipient shall transfer to the Authority any unexpended funds on hand and any accounts receivable attributable to the use of the Award. 10. Insurance and Indemnification. (a) Insurance. During the Term,the Recipient shall obtain and maintain,at its expense,with an insurer acceptable to IHCDA, comprehensive general liability coverage,including contractual coverage,with minimum liability limits of$500,000 per occurrence and$1,000,000 in the aggregate unless additional coverage is required by IHCDA. The Recipient shall deliver to the IHCDA a certificate of insurance as soon as practicable upon execution of this Agreement evidencing coverage or the IHCDA shall have the right to terminate this Agreement immediately. (b) indemnification. The Recipient shall indemnify,defend,and hold harmless the IHCDA,its directors,officers, employees, and agents of and from any and all claims, losses, damages;or expenses (including reasonable attorneys'fees)arising out of or in any way related to(a)any breach or alleged breach by the Recipient of any provision of this Agreement or the Application or any material inaccuracy of any representation or warrant made by it herein,(b)any act or omission by the Recipient,its employees,agents,representatives or affiliates, directly or indirectly, related to its performance of this Agreement constituting negligence,recklessness or willful misconduct; and (c) any alleged failure on the part of the Recipient, its employees, agents, representatives or affiliates to comply with any federal,state and local Iaws and regulations. The Authority shall not provide such indemnification to the Recipient.. This subsection shall survive the termination or expiration of this Agreement. . 11. Notice to Parties. Notice shall be deemed to have been given under this Agreement whenever any notice, statement,or other communication shall be delivered in person,or sent via overnight delivery service maintaining records of receipt to the address below,unless otherwise requested in writing: • • (a) To the Recipient: City of South Bend ' 227 West Jefferson Avenue-Suite 1400 N South Bend,IN 46601 • •Attention: IHCDA Award Administrator • (b) To the IHCDA: Indiana Housing and Community Development Authority 30 South Meridian Street,Suite 900 - CDBG D CITY OF SOUTH BEND DR2OR-Ot8-003 Recapture Page 5 of 24