Contract – Counseling for Mortgage Foreclosure Prevention - Indiana Housing and Community Development Authority (IHCDA)

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from IHCDA's Controller. No payments will be made in advance of receipt of the goods or services that are the subject of this Contract except as permitted by IC § 4-13-2-20. 37. Pei'tfaltica/l itci,est/Attor°iiuy's Fees. IHCDA will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as permitted by Indiana law, in part, IC §5-17-5, IC §34-54-8, IC §34-13-1 and IC § 34-52-2-3. Notwithstanding the provisions contained in IC 5-17-5, any liability resulting from 1HCDA's failure to make prompt payment shall be based solely on the amount of funding originating from IHCDA and shall not be based on fielding from federal or other sources. 38, Progress Rcl orts., The Contractor shall submit progress reports to IHCDA on a monthly basis or more often upon request. The report shall be electronic, unless the IHCDA, upon receipt of the electronic report, should deem it necessary to have it in written form. The progress reports shall serve the purpose of assuring the IHCDA that persons referred to Contractor are receiving prompt and efficient services, as well as assisting in monitoring the status of the IFPN initiative and shall contain, at a minimum, all information required by IHCDA. The Contractor acknowledges that data collection and statistics, particularly with regard to settlement conferences, are central to the success and viability of the IFPN. As such, the progress reports submitted by Contractor shall indicate, with regard to each client of Contractor, whether client requested a settlement conference, and if so, whether the settlement conference was "Successful" or "Not Successful". For the purposes of this Agreement, "Successful" means any one of the following outcomes: a reinstated loan, a loan modification, a repayment plan, a forbearance agreement or plan, a refinancing, a short sale or pre -foreclosure sale, a deed -in -lieu of foreclosure, an agreement to stay foreclosure proceedings or other outcome which the Director of Asset Preservation or his designee, in writing, has indicated is a Successful Outcome. A settlement conference resulting in an outcome not above listed shall be reported as "Not Successful" by Contractor. Further, Contractor shall capture and report to IHCDA the above -described settlement conference data for clients serviced partially with sources of funding outside this Contract. 39. Public Record. The Contractor acknowledges that IIICDA will not treat this Contract as containing confidential information, and will post this Contract on its website as required by Executive Order 05-07. Use by the public of the information contained in this Contract shall not be considered an act of IIICDA. 40. Rene,y31 ( )ILII. This Contract may be renewed under the same terms and conditions, subject to approval of the IHCDA Board of Directors, and in compliance with IC 5-22-17-4. The term of the renewed Contract may not be longer than the term of the original Contract. 41. ever l lMlty The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. (00036573-11 Page 14 of319