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07/22/2013 Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of the federal environmental review and receipt by grantee or subgrantee of an executed "Authority to Use Grant Funds" (HUD 7015.16) or equivalent letter. The parties further agree that the provision of any funds to the project is conditioned on the grantee's or subgrantee's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. The Contractor is also prohibited from undertaking or committing any funds to physical or choice limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction, or leasing or disposition prior to the execution of the "Authority to Use Grant Funds" (HUD 7015.16). Violation of this provision may result in the denial of any funds under the agreement. 2. USE OF FUNDS. Contractor will use the funds provided pursuant to Paragraph 1 solely for the Project purposes described in Exhibit "A" attached hereto and by this reference incorporated herein. Contractor shall perform services as described in Exhibit "A" in consideration of the payments set forth in Paragraph 4 and shall cause to be recorded through escrow, the Security Instruments set forth in Exhibit "B" and "D". 3. CHANGES TO PROJECT. No changes in the Project described in this Agreement which is funded by the financial assistance provided under Paragraph 1 will be made without the prior written consent of City. 4. PAYMENTS. Contractor shall submit a Disclosure of Estimated Fees from First American Title Insurance Company or such other escrow company as may be RESO. # 15282 MUFF # 608