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5/05 (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threat- ened bankruptcy proceeding. (1) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a cur- rent or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUB RECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. (4) Comnliance with Subnart K ofLBP Rel!s. Subpart K- Acquisition, Leas- ing, Support Services, or Operation (a) SUB RECIPIENT acknowledges and agrees that it shall comply with and im- plement the requirements set forth in Title X and the LBP Regs to eliminate, as far as practica- ble, LBP hazards in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assis- tance from SUB RECIPIENT. (b) SUB RECIPIENT shall provide a notice to all residents/occupants ofresiden- tial property that is under its ownership, possession, or control and/or residential property occu- pied by persons or families that receive financial or other assistance from SUBRECIPIENT in accordance with Section 35.125 of the LBP Regs. (i) SUBRECIPIENT acknowledges that in connection therewith a visual assessment is not considered an evaluation for purposes of the LBP Regs. (c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP haz- ard information pamphlet in accordance with Section 35.130 of the LBP Regs to all occupants, owners, and purchasers of housing. (i) The pamphlet shall be the EP AlHUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA-approved 4