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5/05 said program; 4. The funds received under this Agreement shall not be used to construct, rehabili- tate, or restore any facility that is owned by SUBRECIPIENT and in which said program is to be implemented; provided that, minor repairs may be made if such repairs (1) are directly related to said program; (2) are located in a structure used exclusively for non -religious purposes and (3) constitute in dollar terms only a minor portion of the federal fund expenditure for said program. VI. CONDITIONS ON PROVISIONS OF DEVELOPMENT AND IMPLEMENTING HOMELESS PREVENTION ACTIVITIES In addition to, and not in substitution for, other provisions of this Agreement regarding said program using federal funds, SUBRECIPIENT: A. Represents that it is, or may be deemed to be, a Homeless Prevention Program [24 CFR 576.21(a)(4)] and will implement homeless prevention activities subject to the limitations in 42 USC 11374(a)(4); B. Agrees that, in connection with said program, if ESG funds are to be used to assist families that have received eviction notices or notices of termination of utility services, the fol- lowing conditions will be met: 1. The inability of the family to make the required payments must be the result of a sudden reduction in income; 2. The assistance must be necessary to avoid eviction of the family or termination of services to the family; 3. There must be a reasonable prospect that the family will be able to resume pay- ments within a reasonable period of time; and 4. The assistance must not supplant funding for preexisting homeless prevention ac- tivities from any other source. VII. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "imme- diate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. I3