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• I. HOME funds invested in affordable housing shall be repaid if the housing does not meet
<br />the affordability requirements of Section 92.252 and Section 92.254 of the Regulations or
<br />if the housing ceases to qualify as affordable housing before the period of affordability
<br />expires. If HUD, in accordance with Section 92.503 of the Regulations, requires OHC to
<br />repay HOME funds awazded, the County and Towns agree that the payments will be
<br />made in 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 funds
<br />received through the HOME Program, shall be returned to the HOME Investment Trust
<br />Fund established by the Lead Entity and reallocated by the OHC Program Council during
<br />the next HOME program design process following receipt of the repayments or .other
<br />program income, to the extent allowed by the Regulations and Federal Program
<br />Requirements.
<br />K. The County and Towns agree to comply with all Regulations, Federal 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 Towns
<br />pursuant to authority granted them by their governing bodies.
<br />M. To the maximum extent permitted by law, each Town which is a parry to this Agreement
<br />• shall indemnify and hold harmless the County and other Towns, and their officers,
<br />officials, and employees, from and against any and all costs, damages, liabilities, claims,
<br />losses, judgments or expenses, including reasonable attorneys fees, arising in any manner
<br />from or as a result of any activities by or on behalf of the Towns under this Agreement
<br />other than as provided for in Pazagraph I of this Section, provided, however, that nothing
<br />in this paragraph indemnifies and holds harmless the County and other Towns from and
<br />against any costs, damages, liabilities, claims, losses, judgments or expenses, including
<br />reasonable 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 employees.
<br />Likewise, the County shall indemnify and hold harmless the Towns, and the Towns'
<br />officers, officials, and employees, from and against any and all costs, damages, liabilities,
<br />claims, losses, judgments or expenses, including reasonable attorneys fees, arising in any
<br />manner from or as a result of any activities by or on behalf of the County under this
<br />Agreement other than as provided for in Paragraph I of this Section, provided, however,
<br />that nothing in this pazagraph indemnifies and holds harmless the Towns from and
<br />against any costs, damages, liabilities, claims, losses, judgments or expenses, including
<br />reasonable attorneys fees, arising in any manner from or as a result of negligent acts or
<br />omissions of the Towns, or the Town's officers, officials, and employees.
<br />N. The County and Towns .certify that they will adhere to all federal and state regulations
<br />pertaining to the disposition of real property, if any real property is acquired by the
<br />County or Towns with funds authorized under the Federal HOME Program
<br />• Requirements.
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