Contract – Counseling for Hardest Hit Funds Related to Housing Delinquency and Default - Indiana Housing and Community Development Authority (IHCDA)

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No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither IHCDA's review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to IHCDA in accordance with applicable law for all damages to IHCDA caused by the Contractor's negligent performance of any of the services furnished under this Contract. 49. Work Standards. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and tecluucal guidelines and standards. If IHCDA becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Contract, IHCDA may request in writing the replacement of any or all such individuals, and the Contractor shall grant such request. 50. Public Statements, Press Releases, and Media. Contractor acknowledges that IHCDA is solely responsible for all public statements, press releases and media related to services provided by Contractor under this Contract. Contractor shall (a) distribute the marketing material provided by IHCDA at the times and according to the instructions given by IHCDA; (b) promptly refer all media inquiries regarding the services provided under this Contract to IHCDA; (e) immediately contact IHCDA with any questions about media or marketing materials; (d) not alter the marketing materials provided by IHCDA; (e) not contact media (traditional or otherwise) regarding the services provided by Contractor under this Contract; and (t) not create marketing materials related to the Contract, unless approved by IHCDA. Breach of this Section 50 may be deemed a material breach of this Contract and grounds for immediate termination and denial of further work with IHCDA. 51. Advertising. Contractor agrees to use advertising templates provided by IHCDA when referencing the Hardest Hit Fund program in the Contractor's advertising promotions. IHCDA may provide financial assistance to the Contractor on a reimbursement basis at its discretion, If the Contractor intends to request financial assistance from IHCDA for the advertisement or promotion, it must submit its request and written cost estimate to IHCDA prior to placing the advertisement or promotion. If the Contractor's request is approved by IHCDA, the Contractor will be reimbursed for its expenses at the amount agreed to by IHCDA after IHCDA receives the Contractor's receipt/proof of payment related to the expenses. 52. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. If the total remuneration under this contract exceeds $150,000 the Contractor must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).