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5/05 <br />fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are <br />received from CITY'S representative. <br />(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, <br />SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement <br />will not constitute a default or a breach under any contract, agreement or order to which <br />SUBRECIPIENT is a party or by which it is bound. <br />(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or <br />threatened bankruptcy proceeding. <br />(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a <br />current or threatened litigation that would or may materially affect SUBRECIPIENT'S <br />performance under this Agreement. <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 />(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 />(4) Compliance with Subpart K of LBP Regs. Subpart K — Acquisition, <br />Leasing, Support Services, or Operation <br />(a) SUBRECIPIENT acknowledges and agrees that it shall comply with and <br />implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as <br />practicable, LBP hazards in all residential property that is under its ownership, possession, or <br />control and/or residential property occupied by persons or families that receive financial or other <br />assistance from SUBRECIPIENT. <br />(b) SUBRECIPIENT shall provide a notice to all residents/occupants of <br />residential property that is under its ownership, possession, or control and/or residential property <br />occupied by persons or families that receive financial or other assistance from SUBRECIPIENT <br />in accordance with Section 35.125 of the LBP Regs. <br />(i) SUBRECIPIENT acknowledges that in connection therewith a visual <br />assessment is not considered an evaluation for purposes of the LBP Regs. <br />(c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP <br />hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all <br />occupants, owners, and purchasers of housing. <br />El <br />