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7 <br /> Part II. Agreement Documents. <br /> This Agreement includes the following, all of which are identified by name as follows: <br /> 1. This Agreement; <br /> 2. Certifications and Assurances (Attachment 1); <br /> 3. ESFRLP Program Guidelines (Attachment 2); and, <br /> 4. Iran Divestment Act Certification(Attachment 3). <br /> is <br /> These attachments are incorporated herein by reference,constitute the entire agreement between the Parties, <br /> and supersede all prior oral or written statements or agreements and are hereinafter referred to as the <br /> "Agreement Documents". <br /> Part III. Definitions <br /> 1. Agency. The North Carolina State Housing Finance Agency, an instrumentality and public agency of <br /> the State of North Carolina. <br /> 2. Agreement. Refers to this Subaward Agreement and all attachments. <br /> rr <br /> 3. Application. The application submitted by the Subrecipient for Program funds. <br /> 4. De-obligate or De-obligation of Funds. Refers to the Agency's right to rescind its obligation to <br /> disburse funds awarded to Subrecipient based on a variety of factors,including but not limited to under <br /> performance, non-compliance, end of subaward period, breach of this Agreement, violation of state, <br /> federal, and/or local law,fraudulent or willful misconduct, or change in eligibility status. <br /> 5. Federal Award.Federal Award is the award identified in Section 1 of this Agreement. <br /> 6. Funds.The funds awarded to the Member under this Agreement <br /> 7. HOME.The HOME Investment Partnerships Program found at 24 C.F.R.Part 92. <br /> 8. HUD. The United States Department of Housing and Urban Development. <br /> 9. Member.The organization identified in Section 1 of this Agreement to which the Agency is making a <br /> subaward, and which is accountable to the Agency for the use of the funds provided. <br /> 10. Program. The Agency's Essential Single-Family Rehabilitation Loan Pool Program. <br /> 11. Recapture. Recapture means when the Agency takes back money awarded under this Agreement and <br /> already disbursed to Subrecipient based on such factors as,but not limited to,underperformance,non- <br /> compliance, end of subaward period, and/or fraud. <br /> 12. ESFRLP. The Agency's Essential Single-Family Rehabilitation Loan Pool Program. <br /> Page 2 of 16 <br />