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Award #: 9104757
<br />Except for eligible administrative or personnel costs, no persons who exercise or have exercised any
<br />functions or responsibilities with respect to grant activities assisted under this Agreement or who aze
<br />in a position to participate in adecision-making process or gain inside information with regazd to such
<br />activities, may obtain a financial interest or benefit from aGrant-assisted activity, or have an interest
<br />or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect
<br />thereto, or the proceeds there under, either for themselves or those with whom they have family or
<br />business ties, during their tenure or for one year thereafter.
<br />Recipient shall include these same prohibitions in all such contracts or subcontracts with any Sub-
<br />recipients or other third parties relating to the Program.
<br />3. With respect to the use of HPRP funds to procure services, equipment, supplies or other property,
<br />states, territories and units of general local government that receive HPRP funds shall comply with
<br />24 CFR 85.36(b)(3), and non-profit sub-grantees shall comply with 24 CFR 84.42. With respect to
<br />all other decisions involving the use of HPRP funds, the following restriction shall apply: No
<br />person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee
<br />and who exercises or has exercised any functions or responsibilities with respect to assisted
<br />activities, or who is in a position to participate in adecision-making process or gain inside
<br />information with regard to such activities, may obtain a personal or financial interest or benefit
<br />from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto,
<br />or the proceeds there under, either for himself or herself or for those with whom he or she has
<br />family or business ties, during his or her tenure or for one year thereafter. H[JD will consider
<br />exceptions. Recipients who wish to request an exception should notify OERI as soon as possible.
<br />4. The disclosure requirements and prohibitions of section 319 of the Department of the Interior and
<br />Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd
<br />Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants must
<br />disclose, using Standazd Form LLL. (SF-LLL), "Disclosure of Lobbying Activities," any funds,
<br />other than federally appropriated funds, that will be or have been used to influence federal
<br />employees, members of Congress, or congressional staff regarding specific grants or contracts.
<br />E. Insurance, Release, Hold Harmless, and Indemnification
<br />1. Recipient hereby agrees to release and to hold harmless OERI, DHHS and its employees, agents,
<br />attorneys, independent contractors (including the North Carolina Housing Finance Agency officers
<br />and directors (collectively, the "Parties") from any and all liability for any purpose whatsoever, and
<br />recognizes and affirms that the Parties have not waived any immunities provided by state or federal
<br />law, such immunities being expressly preserved. Additionally, Recipient agrees to indemnify and
<br />defend the Parties in the event of any legal proceeding, complaint or grievance where the State (or any
<br />part thereof) is named as a defendant for any reason (and/or whether any allegations against the State
<br />aze made) where such proceeding relates in any way to any matter related to: (i) this Agreement, (ii)
<br />Recipient's use or non-use of the funds described in this Agreement, or (iii) any alleged failure of any
<br />person or entity to comply with any law or duty with respect to the funds described in this Agreement.
<br />2. Provide commercial insurance of such type and with such terms and limits as may be reasonably
<br />associated with the Project. As a minimum, Recipient shall provide and maintain the following
<br />coverage and limits:
<br />a. Worker's Compensation -Recipient shall provide and maintain Worker's
<br />Compensation Insurance as required by the laws of North Cazolina, as well as
<br />ContractAgreement, p. 6
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