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38. Progress, Reports. <br />The Contractor shall submit progress reports to IHCDA on a monthly basis or more often upon <br />request. The report shall be electronic, unless the IHCDA, upon receipt of the electronic report, <br />should deem it necessary to have it in written form. The progress reports shall serve the purpose of <br />assuring the IHCDA that persons referred to Contractor are receiving prompt and efficient services, <br />as well as assisting in monitoring the status of the IFPN initiative and shall contain, at a minimum, <br />all information required by IHCDA. The Contractor acknowledges that data collection and statistics, <br />particularly with regard to settlement conferences, are central to the success and viability of the IFPN. <br />As such, the progress reports submitted by Contractor shall indicate, with regard to each client of <br />Contractor, whether client requested a settlement conference, and if so, whether the settlement <br />conference was "Successful" or "Not Successful". For the purposes of this Agreement, "Successful" <br />means any one of the following outcomes: a reinstated loan, a loan modification, a repayment plan, a <br />forbearance agreement or plan, a refinancing, a short sale or pre -foreclosure sale, a deed -in -lieu of <br />foreclosure, an agreement to stay foreclosure proceedings or other outcome which the Director of <br />Asset Preservation or his designee, in writing, has indicated is a Successful Outcome. A settlement <br />conference resulting in an outcome not above listed shall be reported as "Not Successful" by <br />Contractor. Further, Contractor shall capture and report to IHCDA the above -described settlement <br />conference data for clients serviced partially with sources of funding outside this Contract. <br />39. Public Record. <br />The Contractor acknowledges that IHCDA will not treat this Contract as containing confidential <br />information, and will post this Contract on its website as required by Executive Order 05-07. Use by <br />the public of the information contained in this Contract shall not be considered an act of IHCDA. <br />40. Renewal O bony <br />This Contract may be renewed under the same tells and conditions, subject to approval of the <br />IHCDA Board of Directors, and in compliance with IC 5-22-17-4. The term of the renewed Contract <br />may not be longer than the term of the original Contract. <br />4l, Severability. <br />The invalidity of any section, subsection, clause or provision of this Contract shall not affect the <br />validity of the remaining sections, subsections, clauses or provisions of this Contract. <br />42. Substantial Performance. <br />This Contract shall be deemed to be substantially performed only when fully performed according to <br />its terms and conditions and any written amendments or supplements. <br />43. Taxes. <br />IHCDA is exempt from most state and local taxes and many federal taxes. IHCDA will not be <br />responsible for any taxes levied on the Contractor as a result of this Contract. <br />{00033430-1} <br />Page 14 of 29 <br />