Orange County NC Website
accordance with the Acts, its regulations and Federal Program Requirements shall <br />be 20 years from the date of execution of this Agreement. <br />4. HOME funds will be expended upon presentation by Freedom House of invoices for <br />actual construction costs for the ten(10) transitional housing units as certified by the <br />project architect. <br />5. Miscellaneous Provisions. <br />a. Termination of Agreement The obligations of the parties hereunder and <br />the specific obligation of Freedom House, Inc. to develop the Property and provide <br />transitional housing for low income residents shall terminate on December 31, 2018. <br />Notwithstanding the foregoing, the parties hereto may terminate this Agreement at any <br />time by a mutual agreement to that effect in writing. <br />b. Default, Remedies. This Agreement may be terminated by a non- <br />defaulting party upon an event of default hereunder, after written notice thereof and <br />thirty (30) days grace period in which the defaulting party may act to cure. As used <br />herein, the term "an event of default" shall mean and refer to a failure or act of omission <br />by either party with respect to any undertaking, obligation, covenant or condition as set <br />forth in this Agreement. With respect to any event of default, the non-defaulting party <br />may exercise any right available to it at law or in equity with respect to such default. <br />c. Books and Records. Each party shall keep and maintain books, records <br />and other documents relating directly to the receipt and disbursement of grant funds <br />and the fulfillment of this Agreement. Each party agrees that any authorized <br />representative of the County, the State, the U.S. Department of Housing and Urban <br />Development and Comptroller General of the United States shall, at all reasonable <br />times, have access to and the right to inspect, copy, audit and examine all of the books, <br />records and other documents relating to the grant and the fulfillment of this Agreement <br />for a period of three (3) years following the completion of the Project. <br />d. Conflict with HOME Agreement. Notwithstanding anything herein to the <br />contrary, the parties hereto acknowledge the due execution of a HOME Program <br />Agreement between the County and the U.S. Department of Housing and Urban <br />Development and agree that any conflict between the provisions, requirements, duties <br />or obligations of this Agreement and the HOME Agreement shall be resolved in favor of <br />the HOME Agreement. <br />e. Notices. Any Notice shall be in writing and shall be given by depositing <br />the same in the United States mail, post-paid and registered or certified, and addressed <br />to the party to be notified, with return-receipt requested, or by delivering the same in <br />person to an officer or principal of such party. Notice deposited in the mail in the <br />manner here in above described shall be effective upon mailing. For purposes of <br />2 <br />