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<br />be responsible for, and hold City harmless from, any failure to adhere to such standards. <br />Contractor shall verify that all activities funded hereunder benefit only residents within <br />CÜy's corporate limits. <br /> <br />E. <br /> <br />NONPROFIT STATUS OF CONTRACTOR <br /> <br />Contractor agrees to maintain its status as a nonprofit corporation and that its failure to do <br />so shall be grounds for termination of this Agreement, and acceleration of the Note. <br /> <br />F. <br /> <br />FORM OF SUBSIDY <br /> <br />Financial assistance provided hereunder shall be in the form of a loan evidenced by <br />Exhbit B, Promissory Note, herein incorporated by reference, and secured by Deed of <br />Trust evidenced by Exhibit C, also incorporated by reference. The term of the loan shall <br />be $153,144 with annual interest payment of 3%, with interest to be paid annually over <br />the 15 year affordabi1ity term. Thereafter, 1/15 of the unpaid principal balance would be <br />forgiven annually from the 16th to 30th year, until the eligible use is no longer provided, <br />or until sale of the property, whichever comes first. <br /> <br />G. <br /> <br />MATCHING FUNDS <br /> <br />City shall provide matching funds credit on behalf of contractor for another HOME <br />eligible project independent of this activity. City shall report matching funds to HUD as <br />required under Section 92.221. <br /> <br />H. <br /> <br />BREACH OF CONTRACT <br /> <br />Applicable federal statutes and regulations, as referred to elsewhere herein govern this <br />Agreement. Any material deviation by Contractor for any reason from the requirements <br />thereof, or from any other provision of this Agreement, shall constitute a breach of this <br />Agreement and may be cause for termination at the election of City or upon the direction <br />of HUD. City may terminate this Agreement for cause after giving Contractor notice of <br />any breach or default and 30 days to cure said breach or default, provided however, that <br />in the event such breach or default cannot be cured within 30 days, Contractor shall have <br />such additional time to cure said default as is reasonably required provided that <br />Contractor has commenced to cure within the initial 30 day period and is diligently <br />prosecuting the cure. In the event of termination by whatever means, all finished and <br />unfinished work shall become the property of City, and the City shall have the right to <br />direct Contractor's actions with respect to access to materials. <br /> <br />City reserves the right to waive any and all breaches of this Agreement, and any such <br />waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event <br />City chooses to waive a particular breach of this Agreement, it may condition same on <br />payment by Contractor of actual damages occasioned by such breach of Agreement and <br />shall make every effort to resolve the same quickly and amicably. <br /> <br />5 <br /> <br />