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<br />(b) Experience. SUBREClPIENT is a qualified provider of the services to be provided <br />hereunder. <br /> <br />(c) Familiarity With Services Required. By executing this Agreement, <br />SUBREClPIENT warrants that (i) it has thoroughly investigated and considered the services to <br />be perfonned and provided hereunder, (ii) it has carefully considered how the services should be <br />perfonned, and (iii) it fully understands the facilities, difficulties and restrictions attending <br />perfonnance of the services under this Agreement. <br /> <br />(d) No Conflict. To the best of SUBREClPIENT'S knowledge, SUBRECIPIENT'S <br />execution, delivery and perfonnance of its obligations under this Agreement will not constitute a <br />default or a breach under any contract, agreement or order to which SUBREClPIENT is a party <br />or by which it is bound. <br /> <br />(e) No Bankruptcy. SUBREClPIENT is not the subject of any current or threatened <br />bankruptcy proceeding. <br /> <br />(1) No Pending Legal Proceedings. SUBREClPIENT is not the subject of a current or <br />threatened litigation that would or may materially affect SUBREClPIENT'S perfonnance under <br />this Agreement. <br /> <br />(g) Application Veracity. All provisions of and infonnation provided in <br />SUBREClPIENT'S application for funding submitted to CITY including any exhibits are true <br />and correct in all material respects. <br /> <br />(h) No Pending Investigation. SUBREClPIENT is not aware that it is the <br />subject of any current or threatened criminal or civil action investigation by any public agency, <br />including without limitation a police agency or prosecuting authority, that would relate to affect <br />perfonnance of the Agreement or provision of services hereunder. <br /> <br />B. Amount of Grant and Ouarterlv Disbursement. The amount granted to <br />SUBREClPIENT is $ 5,000 ("CDBG FUNDS"), and such funds shall be expended by <br />SUBREClPIENT on or before June 30, 2004. The CDBG FUNDS shall be disbursed by CITY <br />to SUBREClPIENT on a quarterly basis (October, January, April and July) subject to and upon <br />receipt and approval of a complete SUBREClPIENT'S quarterly activity report, with the final <br />payment subject to the satisfaction of the condition precedent of submittal of complete reporting <br />infonnation due on or before July 15 of the applicable funding year, as hereinafter more fully set <br />forth. SUBREClPIENT shall be obligated to perfonn such duties as would nonnally extend <br />beyond the tenn, including but not limited to obligations with respect to indenmification, audits, <br />reporting, data retention/reporting, and accounting. <br /> <br />C. Use of Funds. SUBREClPIENT agrees to use all federal funds provided by CITY to <br />SUBREClPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," <br />attached hereto and by this reference incorporated herein. SUBREClPIENT'S failure to perfonn as <br />required may, in addition to other remedies set forth in this Agreement, result in readjustment of the <br />amount of funds CITY is otherwise obligated to pay to SUBREClPIENT hereunder. <br /> <br />2 <br />