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DocuSign Envelope ID:658056BB-F456-432C-AF1 E-905B0A4F4326 <br /> B. Other Program Requirements. Habitat must carry out each activity in compliance with <br /> 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 <br /> intergovernmental review. <br /> C. Affirmative Marketing. If HOME funds will be used for housing containing five (5) or <br /> more assisted units, Habitat must prepare and submit an Affirmative Marketing Plan to <br /> the County. <br /> D. Termination of Agreement. The full benefit of the Project will be realized only after the <br /> 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 <br /> of Habitat for the assisted units as follows: <br /> 1. In the event that Habitat is unable to proceed with any aspect of the Project in a <br /> timely 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 the Habitat. <br /> 2. 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 <br /> by Project dwelling unit basis. Conveyance shall be on the terms set forth herein: <br /> a. Conveyance shall occur within thirty(30) days of County and Habitat's agreement <br /> of the Habitat's inability to continue as a viable organization. <br /> b. Habitat shall convey the Property to the County by general warranty deed, free <br /> and clear of all liens and encumbrances of record except those which create a <br /> beneficial interest in County (Declaration of Restrictive Covenants and Deed of <br /> Trust). <br /> E. Default, Remedies. This Agreement may be terminated by a non-defaulting party upon <br /> an event of default hereunder, after written notice thereof and thirty (30) days grace <br /> period in which the defaulting party may act to cure. As used herein, the term "an event <br /> of default" shall mean and refer to a failure or act of omission by either party with respect <br /> to any undertaking, obligation, covenant or condition as set forth in this Agreement. <br /> With respect to any event of default, the non-defaulting party may exercise any right <br /> available to it at law or in equity with respect to such default. <br /> 6 <br />