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b. Other Program Requirements. Habitat must carry out each activity in compliance <br />with all Federal laws and regulations described in 24 CFR, Part 92, subpart H except that the <br />subrecipient does not assume the responsibilities for environmental review or intergovernmental <br />review. <br />c. Affirmative Marketing. If HOME funds will be used for housing containing five <br />(5) or more assisted units, Habitat must prepare and submit an Affirmative Marketing Plan to the <br />County. <br />d. Termination of Agreement. The full benefit of the Project will be realized only <br />after the completion of the affordability periods for all Project dwelling units. It is the County's <br />intention that the full public benefit of the Project shall be completed under the auspices of <br />Habitat for the assisted units as follows: <br />i. In the event that Habitat is unable to proceed with any aspect of the Project in a timely <br />manner, and County and Habitat determine that reasonable extension(s) for <br />completion will not remedy the situation, then Habitat will retain responsibility for <br />requirements for any dwelling units assisted and County will make no further <br />payments to Habitat. <br />ii. In the event that Habitat, prior to the contract completion date, is unable to continue <br />to function due to, but, not limited to, dissolution or insolvency of the organization, <br />its filing a petition for bankruptcy or similar proceedings, or is adjudged bankrupt or <br />fails to comply or perform with provisions of this agreement, then Habitat shall, upon <br />the County's request, convey to the County the Property assisted with HOME funds. <br />Conveyance shall be at the sole discretion of County and on a Project dwelling unit by <br />Project dwelling unit basis. <br />Conveyance shall be on the terms set forth herein: <br />Conveyance shall occur within thirty (30) days of County and Habitat's agreement of <br />Habitat inability to continue as a viable organization. Habitat shall convey the <br />Property to the County by general warranty deed, free and clear of all liens and <br />encumbrances of record except those which create a beneficial interest in County <br />(Declaration of Restrictive Covenants and Deed of Trust). <br />e. Default, Remedies. This Agreement maybe terminated by anon-defaulting party <br />upon an event of default hereunder, after written notice thereof and thirty (30) days grace period <br />in which the defaulting party may act to cure. As used herein, the term "an event of default" shall <br />mean and refer to a failure or act of omission by either party with respect to any undertaking, <br />obligation, covenant or condition as set forth in this Agreement. With respect to any event of <br />default, the non-defaulting party may exercise any right available to it at law or in equity with <br />respect to such default. <br />5 <br />