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petition for bankruptcy or similar proceedings, or is adjudged bankrupt or fails to comply or <br />perform with provisions of this agreement, then the CHDO shall, upon the County's request, <br />convey to the County the Property assisted with non-operating HOME funds. Conveyance shall <br />be at the sole discretion of County and on a Project dwelling unit by Project dwelling unit basis. <br />(2) Conveyance shall be on the terms set forth herein: <br />Conveyance shall occur within thirty (30) days of County and the CHDO's agreement of the <br />CHDO's inability to continue as a viable organization. The CHDO shall convey the Property to <br />the County by general warranty deed, free and clear of all liens and encumbrances of record <br />except those which create a beneficial interest in County (Declaration of Restrictive Covenants <br />and Deed of Trust). <br />P. HOLD HARMLESS. <br />(1) The County shall not be liable for any and all claims, actions, suits, charges, and <br />judgments whatsoever arising out of the performance or nonperformance of this Agreement by <br />the CHDO, its employees, officers or agents. <br />(2) The CHDO shall hold harmless, defend and indemnify the County, its officers, agents <br />and employees from all such claims, actions, suits, charges, and judgments under this <br />Agreement. <br />Q. AMENDMENTS: <br />(1) The County and the CHDO may amend this Agreement at any time provided that such <br />amendments make specific reference to this Agreement, are executed in writing, and signed by a <br />duly authorized representative of both organizations. <br />(2) The County, may at its discretion, amend this Agreement to conform with Federal, State <br />or local government guidelines, policies and available funding amounts, or for other reasons. <br />(3) Amendments to this Agreement shall not invalidate nor relieve or release the County or <br />CHDO from its obligations under this Agreement. <br />(4) If any amendments result in a change in HOME funding, a new attachment shall be <br />executed with corresponding changes to the project or tasks, schedule and budget that now <br />appear in Attachment A. <br />R. MISCELLANEOUS PROVISIONS: <br />(1) Service of all notices under this Agreement shall be sufficient if given personally by <br />registered or certified mail, return receipt requested, and mailed to the party involved at the <br />address and to the attention of the person set forth below, or to such other person or address as <br />said party may provide in writing from time to time. <br />6 <br />