Contract - IHCDA - Mortgage Foreclosure Counseling

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11. Conditimi of Pavn ent. All services provided by the Contractor under this Contract must be performed to IHCDA's reasonable satisfaction, as determined at the discretion of the undersigned IHCDA representative and in accordance with Exhibit A. and all applicable federal, state, and local laws, ordinances, rules and regulations. IHCDA shall not be required to pay for work found to be unsatisfactory, inconsistent with this Contract or performed in violation of any federal, state or local statute, ordinance, rule or regulation. As required by IC 4-13-2-14.8, payments to the Contractor shall be made via electronic funds transfer in accordance with instructions filed by the Contractor with the Controller of IHCDA. As a further condition of payment, the Contractor shall complete in full and return to IHCDA a federal Form W-9 (Request for Taxpayer Identification Number and Certification), the form of which is attached hereto as Exhibit C; and made a part hereof. IHCDA shall not be required to pay for work found to be unsatisfactory, inconsistent with this Contract or performed in violation of any federal, State, or local statute, ordinance, rule or regulation. 12. Confidentiality of Information. The Contractor understands and agrees that data, materials, and information disclosed to the Contractor may contain confidential and protected information. The Contractor covenants that data, material and information gathered, based upon or disclosed to the Contractor for the purpose of this Contract, will not be disclosed to or discussed with third parties without the prior written consent of IHCDA, except to the extent required by applicable law. The parties acknowledge that the services to be performed by Contractor for IHCDA under this contract may require or allow access to data, materials, and information containing Social Security numbers or other personal information maintained by or on behalf of IHCDA in a computer system or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5-3- 1(4), the Contractor and IHCDA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by Contractor, Contractor agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract. The Contractor agrees to handle and dispose of clients' personal information in accordance with the National Industry Standards for Homeownership Counseling, HUD's standards for approval of housing counseling, and applicable laws and regulations. A copy of the "Standards for Homeownership Education and Counseling — Foreclosure Intervention Specialty" are set forth in Exhibit F to this Contract. Attached hereto and incorporated herein by reference as Exhibit D is a copy of Contractor's internal privacy/confidential information policy. Contractor agrees to comply with such internal privacy/confidential information policy with regard to data, materials, and information disclosed or otherwise provided to Contractor by IFPN clients under the terms of this Contract. IF THE CONTRACTOR HAS PREVIOUSLY PROVIDED IHCDA WITH A COPY OF THE CONTRACTOR'S INTERNAL PRIVACY/CONFIDENTIAL INFORMATION POLICY, ,AND SUCH POLICYHAS NOT CHANCED, THE CONTRACTOR SHALL PREPARE AND SUBMIT THE FOLLOWING FOR EXHIBIT D: "Contractor's Internal Privacy/Confidential Information Policy has not changed since the time it was submitted to IHCDA in conjunction with Contract # BY DOING SO, THE CONTRACTOR WILL NOT NEED TO RESUBMIT ITS POLICY. {00033430-1 } Page 5 of 29