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(1) 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 /> 2. •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 January 29,2021 ("Expiration Date") except as extended by
<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 the Effective
<br /> Date of this Agreement.
<br /> 3. Payment Schedule. The Authority shall disburse to the Recipient an amount not in excess of the Award upon: (i)
<br /> request for disbursement on form"Claim Voucher" (A-12)properly executed by the Recipient;(ii)receipt of all
<br /> proper materials,receipts,and approvals provided herein,together with such other documentation as the Authority
<br /> may,from time to time, request; (iii)requested evidence that awarded funds are being expended in proportion to
<br /> expenditures of match and leverage; and (iv) appropriate assurance and/or evidence satisfactory to the Authority
<br /> that the Recipient is in full and strict compliance with this Agreement and the Project.
<br /> ii
<br /> NOTE: Any action,review, recommendation, approval, or other activity taken by or on behalf of the Authority
<br /> does not expressly or impliedly, directly or indirectly, suggest, represent, or wan'ant that the Recipient or the
<br /> Project 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 /> 4. Progress Reports. The Recipient shall submit at a minimum quarterly progress reports to the IHCDA upon request.
<br /> The report shall be in written form. The progress reports shall serve the purpose of assuring the IHCDA that work
<br /> is progressing in line with the proposal or schedule, and that completion can be reasonably assured on the
<br /> scheduled date. The report will be submitted to HUD for final approval.
<br /> 5. 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 to the
<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 /> LEAD-CITY of SOUTII BEND LD-018-003
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