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City of Santa Ana 25-CALHOME-18740 Page 14 of 17 EXHIBIT D contained in 42 USC §§ 4321-4347 and the implementing regulations at 24 C.F.R. Parts 50 and 58. No actions by any party (including the Contractor, the developer, owner, or sponsor) shall be undertaken for any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives under 24 C.F.R. § 58.22 until HUD or the Department has issued an environmental clearance. B. The Contractor understands and agrees that this Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Department of an approval of the request for release of funds and certification from HUD or the Department under 24 C.F.R. Part 58. The provision of any funds to the project is expressly conditioned on the Department's determination to proceed with, modify or cancel the project based on the results of the environmental review. C. If Contractor is a Federally Recognized Indian Tribe or a TDHE and the project will be located on land held in Trust by the BIA for the benefit of the Tribe, to the extent applicable, the Department will satisfy any environmental clearances pursuant to the California Environmental Quality Act. D. The parties hereby acknowledge that state and/or local civil regulatory laws may not apply, in whole or in part, to projects located within "Indian County" (as this phrase is defined in Guidelines Appendix A), and that therefore, the following terms, provisions, and conditions set forth in "Exhibit C" titled, "State of California General Terms and Conditions, GTC —02/2025" ("Exhibit C") as it appears on the STD. 213 and referencing 02/2025 GTC, may not be enforceable against the Tribal Entity Contractor if the project is located within Indian Country: (a) Section 3 (Assignment), (b) Section 5 (Indemnification), (c) Section 6 (Disputes), (d) Section 9 (Recycling), (e) Section 10 (Non-Discrimination), (f) Section 11 (Certification Clauses), (g) Section 14 (Governing Law), (h) Section 15 (Anti- Trust Claims), (i) Section 16 (Child Support Enforcement), Q) Section 18 (Priority Hiring of vacancies through CalWorks), (k) Section 19 (Small Business Reporting), and (1) Section 20 (Loss Leader Statute B&B 17030). 26. Governing Law A. This Agreement will be governed by federal law applicable to the Department, applicable Tribal Law and, to the extent not preempted by federal law, the laws of the State of California without regard to its conflicts of law provisions. This Agreement has been accepted by the Department and the Contractor in the State of California. HOSN-CalHome 2024 NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025 Approval Date: 06/05/2025 Prep. Date: 11/17/2025