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<br />H except that the sub recipient does not assume the responsibilities for environmental <br />review or intergovernmental review. Applicable property standards shall apply <br />throughout the period of affordability. <br /> <br />3. Affirmative Marketing. If HOME funds will be used for housing containing five (5) <br />or more assisted unit, The Owner must prepare and submit an Affirmative Marketing <br />Plan to the County. <br /> <br />4. Termination of Agreement. The full benefit of the Project will be realized only after <br />the completion of the affordability periods for the Project dwelling unit. It is the <br />County's intention that the full public benefit of the Project shall be completed under <br />the auspices of the Owner for the assisted unit as follows: <br /> <br />a. In the event that the Owner is unable to proceed with any aspect of the Project in a <br />timely manner, and County and the Owner determine that reasonable extension(s) <br />for completion will not remedy the situation, then The Owner will retain <br />responsibility for requirements for the dwelling unit assisted and County will make <br />no further payments to the Owner. <br /> <br />b. In the event that the Owner, prior to the contract completion date, is unable to <br />continue to function due to, but, not limited to, dissolution or insolvency of the <br />organization, its filing a petition for bankruptcy or similar proceedings, or is <br />adjudged bankrupt or fails to comply or perform with provisions of this agreement, <br />then the Owner shall, upon the County’s request, convey to the County the Property <br />assisted with HOME funds. Conveyance shall be at the sole discretion of County <br />and on a Project dwelling unit by Project dwelling unit basis. Conveyance shall be <br />on the terms set forth herein: <br /> <br />i. Conveyance shall occur within thirty (30) days of County and the Owner's <br />agreement of the Owner’s inability to continue as a viable organization. <br /> <br />ii. The Owner shall convey the Property to the County by general warranty deed, <br />free and clear of all liens and encumbrances of record except those which create <br />a beneficial interest in County (Declaration of Restrictive Covenants). <br /> <br />5. Default, Remedies. This Agreement may be terminated by a non-defaulting party <br />upon an event of default hereunder, after written notice thereof and thirty (30) days <br />grace period in which the defaulting party may act to cure. As used herein, the term <br />"an event of default" shall mean and refer to a failure or act of omission by either party <br />with respect to any undertaking, obligation, covenant or condition as set forth in this <br />Agreement. With respect to any event of default, the non-defaulting party may exercise <br />any right available to it at law or in equity with respect to such default. Notwithstanding <br />and in addition to the above, in accordance with 24 CFR 85.43, this Agreement may be <br />suspended or terminated by the County if Owner materially fails to comply with any <br />term of the Agreement. Remedies for breach of the provisions of this Agreement <br />include but are not limited to repayment of any funds deemed to be expended in an <br />DocuSign Envelope ID: 48DDB7F3-249B-44E9-A965-4AB2E5C0F864