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delivery of this Agreement by SUBRECIPIENT, toad has been fully authorized by all 'requisite <br />actions on the part of SUBRECIPIENT. <br />(2) Experience. SUBRECIPIENT is a qualified provider of the services to be <br />provided hereunder. <br />(3) Familiarity With Services Required. By execution of this Agreement, <br />SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be <br />performed and provided hereunder, (ii) it has carefully considered how the services should be <br />performed, and (iil) it fully understands the facilities, difficulties and restrictions attending <br />performance of the services under this Agreement. <br />(4) 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 />(S) No Bankruptcy. SUBRECIPIENT is not the subject of any current or <br />threatened bankruptcyproceeding, <br />(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a <br />current or threatened litigation that world or may materially affect SUBRECIPIENT'S performance <br />under this Agreement, <br />(7) Application Veracity. All provisions of and information provided in <br />SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and <br />correct in all material respects. <br />(8) No Pending Investigation, SUBRECII'MNT is not aware that it is die <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 or affect <br />performance of Agreement or provision ofservices hereunder. <br />R Amount of Grant and Grant Disbursement. The amount granted to <br />SUBRECIPIENT hereunder is Eight Hundred Ninety Thousand Dollars ($890,000.00) ( "CDBG <br />FUNDS ") and such funds shall be expended by SUBRECIPIENT on or before December 31, 2014. <br />The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT upon receipt and approval of <br />a complete quarterly activity report from SUBRECIPIENT, with the finial payment subject to the <br />satisfaction of the condition precedent of submittal of complete reporting information, as hereinafter <br />more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally <br />extend beyond the tern, including but not limited to obligations with respect to indemnification, <br />audits, reporting, data retention/reporting, and accounting, <br />C. Use of the CDBG FUNDS SUBRECIPIENT agrees to use all federal 'funds <br />provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said Project, as set <br />forth in the Statement of Work and Capital Improvement Plan ( "Exhibit A ") attached hereto and by <br />this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in <br />953411.1 <br />2 <br />Exh1bZ&^ 4 <br />