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20 <br /> Part II. Agreement Documents. <br /> This Agreement includes the following, all of'which are identified by name as follows: <br /> 1 Ihis 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 /> Ihese 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 /> 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 tight 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, ox 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 I 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 />