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3. Funds provided hereunder are exclusively for the purposes of this agreement under the terms and <br />conditions of the agreement, and the Agency shall not temporarily or permanently shift such funds <br />to other programs or utilize for other purposes for any reason. <br />H. INSURANCE AND LIABILITY: <br />The Agency's chief financial officer or insurer shall ensure that all persons handling funds received or <br />disbursed under this Agreement are covered by fidelity insurance in an amount consistent with sound <br />fiscal practice. <br />Work to be performed as provided herein shall be done by the Agency as an Independent Contractor. <br />The City shall not be liable for claims for damages or losses arising out of the performance of this <br />Agreement by the Agency, its employees, officers or agents and the Agency shall indemnify and hold <br />harmless the City, its officers, agents and employees from all such claims arising under this agreement. <br />RESIDENT ECONOMIC OPPORTUNITY <br />1. The Agency shall take affirmative action to ensure that residents of the project area are given <br />maximum opportunity for training, employment and business opportunities. <br />2. When qualified applicants are available, preference shall be given to residents of the project area in <br />filling all training, business opportunities and jobs generated by the Program even where <br />employment results outside the geographic boundary of the project area. <br />J. PUBLICITY <br />The Agency shall make every effort in its publicity and in other ways, to fully inform the public concerning <br />the Project. Any publicity given to the Project must recognize the Cabarrus /Iredell /Rowan HOME <br />Consortium as the sponsor and the Project being funded by HUD through the HOME Investment <br />Partnership Program. The City will, in all publicity originated by it concerning the Project, recognize the <br />Agency as the entity responsible for carrying out the Project. <br />K. SUSPENSION OR TERMINATION FOR CAUSE <br />1. The City, upon written notice to the Agency, may suspend or terminate payment of Grant funds to <br />the Agency in whole or in part for cause which shall include, but not limited to, the following: <br />(a) Ineffective or improper use of Grant funds; <br />(b) Failure to comply with the terms and conditions of this agreement; <br />(c) Submission to the City of reports which are incorrect or incomplete in any material <br />respect; <br />(d) Suspension of the Grant from HUD to the City in whole or part for any reason. <br />2. The City, upon written notice to the Agency, may also withhold payment of any unearned portion of <br />the Grant if the Agency is unable or unwilling to accept any additional conditions that may be <br />provided by law, by executive order, by regulations or by other policy announced by HUD. <br />3. If the City withholds payment, it shall advise the Agency in writing what action must be taken as a <br />condition of precedent to the resumption of payment. <br />Attachment number 2 <br />F -7 Page 128 <br />