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the Contractor grants IHCDA a non-exclusive, non -cancelable, perpetual, worldwide royalty -free
<br />license to use the Materials and to use, modify, copy and create derivative works of the Materials.
<br />Use of the Materials, other than related to contract performance by the Contractor, without the prior
<br />written consent of II-ICDA, is prohibited. During the performance of this Contract, the Contractor
<br />shall be responsible for any loss of or damage to the Materials developed for or supplied by IHCDA
<br />and used to develop or assist in the services provided while the Materials are in the possession of the
<br />Contractor. Any loss or damage thereto shall be restored at the Contractor's expense. The Contractor
<br />shall provide IHCDA full, immediate, and unrestricted access to the Materials and to Contractor's
<br />work product during the term of this Contract.
<br />Payments.
<br />All payments shall be made 35 days in arrears in conformance with State fiscal policies and
<br />procedures and, as required by IC § 4-13-2-14.8, by electronic funds transfer to the financial
<br />institution designated by the Contractor, in writing, unless a specific waiver has been obtained
<br />from IHCDA's Controller. No payments will be made in advance of receipt of the goods or
<br />services that are the subject of this Contract except as permitted by IC § 4-13-2-20.
<br />Penalties/lnterest/Attorney's Fees.
<br />IHCDA will in good faith perform its required obligations hereunder and does not agree to pay any
<br />penalties, liquidated damages, interest, or attorney's fees, except as permitted by Indiana law, in part,
<br />IC §5-17-5, IC §34-54-8, IC §34-13-1 and IC § 34-52-2-3.
<br />Notwithstanding the provisions contained in IC 5-17-5, any liability resulting from IHCDA's failure
<br />to make prompt payment shall be based solely on the amount of funding originating from 1HCDA
<br />and shall not be based on funding from federal or other sources.
<br />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 1FPN initiative and shall contain, at a minimum,
<br />all information required by the National Foreclosure Mitigation Counseling Program. The Contractor
<br />acknowledges that data collection and statistics, particularly with regard to settlement conferences,
<br />are central to the success and viability of the IFPN. As such, the progress reports submitted by
<br />Contractor shall indicate, with regard to each client of Contractor, whether client requested a
<br />settlement conference, and if so, whether the settlement conference was "Successful" or "Not
<br />Successful". For the purposes of this Agreement, "Successful" means any one of the following
<br />outcomes: a reinstated loan, a loan modification, a repayment plan, a forbearance agreement or plan,
<br />a refinancing, a short sale or pre -foreclosure sale, a deed -in -lieu of foreclosure, an agreement to stay
<br />foreclosure proceedings or other outcome which the Deputy Director of Asset Preservation or his
<br />designee, in writing, has indicated is a Successful Outcome. A settlement conference resulting in an
<br />outcome not above listed shall be reported as "Not Successful" by Contractor. Further, Contractor
<br />shall capture and report to IHCDA the above -described settlement conference data for clients serviced
<br />partially with sources of funding outside this Contract.
<br />(00028595-11
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