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H. If local matching funds are required by HUD or the State, the County and Towns <br />mutually agree that the matching funds shall be provided in accordance with the <br />following formula: <br />1. Orange County - -42% <br />2. Town of Carrboro - -12% <br />3. Town of Chapel Hill--41% <br />4. Town of Hillsborough - -5% <br />HOME funds invested in affordable housing shall be repaid if the housing does not <br />meet the affordability requirements of Section 92.252 and Section 92.254 of the <br />Regulations or if the housing ceases to qualify as affordable housing before the <br />period of affordability expires. If OHC is required by HUD or the State, in <br />accordance with Section 92.503 of the Regulations, to repay HOME funds <br />awarded, the County and Towns agree that the payments will be made in <br />accordance with the formula specified in Paragraph H of this Section. <br />J. Any repayment of HOME funds, loans or other program income generated from <br />funds received through the HOME Program, shall be returned to the HOME <br />Investment Trust Fund established by the Lead Entity and reallocated by the OHC <br />Program Council during the next HOME program design process following receipt <br />of the repayments or other program income, to the extent allowed by the <br />Regulations and State Program Requirements. <br />K. The County and Towns agree to comply with all Regulations, State Program <br />Requirements, and OHC HOME program design features and requirements. <br />L. This Agreement shall be executed by the appropriate officers of the County and <br />Towns pursuant to authority granted them by their governing bodies. <br />M. To the maximum extent permitted by law, each Town which is a party to this <br />Agreement shall indemnify and hold harmless the County and other Towns, and <br />their officers, officials, and employees, from and against any and all costs, <br />damages, liabilities, claims, losses, judgments or expenses, including reasonable <br />attorneys fees, arising in any manner from or as a result of any activities by or on <br />behalf of the Towns under this Agreement other than as provided for in Paragraph <br />I of this Section, provided, however, that nothing in this paragraph indemnifies and <br />holds harmless the County and other Towns from and against any costs, <br />damages, liabilities, claims, losses, judgments or expenses, including reasonable <br />attorneys fees, arising in any manner from or as a result of negligent acts or <br />omissions of the County, and other Towns or their officers, officials, and <br />employees. Likewise, the County shall indemnify and hold harmless the Towns, <br />and the Towns' officers, officials, and employees, from and against any and all <br />costs, damages, liabilities, claims, losses, judgments or expenses, including <br />reasonable attorneys fees, arising in any manner from or as a result of any <br />Page 4 of 8 <br />