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<br />8/04 <br /> <br />this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part <br />of SUBRECIPIENT. <br /> <br />(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided <br />hereunder. <br /> <br />(c) Familiarity With Services Required. By executing this Agreement, <br />SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to <br />be performed and provided hereunder, (ii) it has carefully considered how the services should be <br />performed, and (iii) it fully understands the facilities, difficulties and restrictions attending <br />performance of the services under this Agreement. <br /> <br />(d) No Conflict. To the best of SUB RECIPIENT'S knowledge, SUBRECIPIENT'S <br />execution, delivery and performance of its obligations under this Agreement will not constitute a <br />default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party <br />or by which it is bound. <br /> <br />(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened <br />bankruptcy proceeding. <br /> <br />(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or <br />threatened litigation that would or may materially affect SUBRECIPIENT'S performance under <br />this Agreement. <br /> <br />(g) Application Veracity. All provisions of and information provided in <br />SUBRECIPIENT'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. SUBRECIPIENT 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 />performance of the Agreement or provision of services hereunder. <br /> <br />B. Amount of Grant and Ouarterlv Disbursement. The amount granted to <br />SUBRECIPIENT is $5,000 ("CDBG FUNDS"), and such funds shall be expended by <br />SUBRECIPIENT on or before June 30, 2005. The CDBG FUNDS shall be disbursed by CITY <br />to SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon <br />receipt and approval of a complete quarterly activity report fÌ"om SUBRECIPIENT, with the final <br />payment subject to the satisfaction of the condition precedent of submittal of complete reporting <br />information due on or before July 15 of the applicable funding year, as hereinafter more fully set <br />forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend <br />beyond the term, including but not limited to obligations with respect to indemnification, audits, <br />reporting, data retention/reporting, and accounting. <br /> <br />C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to <br />SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A, " <br />attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as <br />2 <br />