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2. Shall, if an Urban County or Metropolitan city receiving funds under HPRP, shall be <br />subject to the requirements of 24 CFR part 85. Non-profit sub-grantees shall be subject to the <br />requirements of 24 CFR part 84. <br />3. Shall keep current all reporting of status, clients data, finances, employment, housing stock <br />and other management information on any common electronic data and management information system <br />or any requested data in addition to that system that might be requested by OERI. The recipient shall and <br />produce said records by the calendar and specifications required by OERI . <br />J. Termination <br />At its discretion, and with 10 days written notice, OERI may terminate this grant agreement. <br />K. Waiver of Default. Waiver by OERI of any default or breach in compliance with the terms of this <br />Agreement by Recipient shall not be deemed a waiver of any subsequent default or breach and shall not <br />be construed to be a modification of the terms of this Agreement unless stated to be such in writing,. <br />signed by an authorized representative of OERI and Recipient and attached to the Agreement. <br />7.Remedies for Recipient's Non-Compliance and Termination. In the event of Recipient's non- <br />compliance with any provision in this Agreement or any policy, rule or regulation of HUD or OERI, <br />Recipient agrees that HUD or OERI may take any actions authorized by law or by this Agreement. These <br />remedies include, but are not limited to, reducing or suspending Program funds or terminating the <br />Agreement, including the withdrawal of all funds described in this Agreement except for funds already <br />expended on otherwise eligible activities which may not be recaptured or deducted from future grants. <br />K.. Recitations and Certification as to Status and Relationship of the Parties <br />1. The Recipient hereby certifies: <br />a. That is possess the legal authority to carry out the Program for which it is obtaining funding, <br />in accordance with applicable HUD regulations and other program requirements <br />b. That is has never been indicted for a violation under federal law relating to an election for <br />federal office described in 73 F.R. 58343 and/or section 2304 of HERA. Recipient further <br />certifies that it is not an "an organization which employs applicable individuals" that have <br />been indicted for federal election law crimes, as defined in section 2304 of HERA. <br />c. That, with respect to the Recipient and any subcontractors, all Federal, State and local tax <br />obligations have been or will be satisfied prior to receiving recovery funds. This provision <br />shall be included in all subcontracts. <br />2. The Recipient hereby acknowledges that it is and shall be deemed to be an independent contractor in <br />the performance of this Agreement and the program and as such shall be wholly responsible for the <br />work to be performed and for the supervision of its employees and Sub recipients. The Recipient <br />represents that it has, or shall secure at its own expense, all personnel required in performing the <br />services under this Agreement. Such employees shall not be employees of, or have any individual <br />contractual relationship with, OERI. <br />3. Notices: All notices permitted or required to be given from one Party to the other shall be addressed, <br />communicated and/or delivered as follows. <br />State Reci ient <br />Martha Are, Polic Anal st Sharron Hinton, Community Services Manager <br />NC OERI Oran e Coun DSS <br />Orange County <br />Grant Award Agreement, p. 10 <br />