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(7) sofar as the capacity of the R pient to carry out any
<br />obligation under thi:, Grant Agreement is concerned, (x) the Recipient is not in
<br />material violation of its Charter, or any mortgage, indenture, agreement,
<br />instrument, judgment, decree, order, statute,"rule or regulation and (ii) the
<br />execution and performance of this Grant Agreement will not result in any such
<br />violation.
<br />(8) Except for approved eligible administrative and personnel
<br />costs, no member, officer, or employee of the Recipient, or its designees, or
<br />agents, no consultant, no member of the governing body of the Recipient or the
<br />locality in which the program is situated, and no other public official of the
<br />Recipient or such locality or localities, who exercises or has exercised any
<br />functions or responsibilities with respect to the Project during his or her
<br />tenure, or who is in a position to participate in a decisionmaking process
<br />or gain insider information with regard to the project, shall have any interest,
<br />direct or indirect, in any contract or subcontract, or the proceeds thereof,
<br />for work to be performed in connection with the Project or in any activity,
<br />or benefit therefrom, which is part of this Project at any time during or
<br />after such person's tenure. This provision shall be in addition to the require-
<br />ments in Attachments O,cf CMB Circular A-102 and A-110. -
<br />(However, upon written request of the Recipient, the Secretary
<br />may agree in writing to waive a conflict otherwise prohibited by this
<br />provision whenever there has been full public disclosure of the conflict
<br />of interest, and the Secretary determines that undue hardship will result
<br />either to the Recipient or the person affected by applying the prohibition
<br />and that the granting of a waiver is in the public interest. No such request
<br />for a waiver shall be made by Recipient which would, in any way, permit a
<br />violation of State or local law or any charter provision of the Recipient.)
<br />Section 5.02 Obligation to Complete Recipient Activities as Scheduled
<br />(a) The Recipient shall use its best efforts to assure the completion
<br />of the Recipient Activities described in Exhibit B of this Grant Agreement within
<br />the time periods specified in Exhibit F of this Grant Agreement.
<br />(b) The Recipient agrees that the foregoing undertaking and
<br />assurance means that Recipient shall, to the maximum extent permitted by law,
<br />use and apply all of its governmental and proprietary powers for such completion,
<br />including but not limited to those powers governing taxes, other revenues, credit,
<br />eminent domain and appropriations, if necessary, for the purpose of providing any
<br />shortfall between funds available under this grant and funds necessary to
<br />complete all of the Recipient Activities described in Exhibit B of this Grant
<br />Agreement.
<br />Section 5.03 Obligation to Achieve Projected Jobs
<br />(a) in selecting the Recipient for this grant, the Secretary
<br />considered certain representations by the Recipient to the Secretary that this
<br />grant is expected to create a specific number of permanent new job opportunities,
<br />including a specific number of new permanent job opportunities for minorities,
<br />CETA-eligible persons, and persons who, at the time of their employment, will
<br />be persons of low- or moderate -income within the meaning of Section 570.3 of
<br />24 C.F.R. Part 570, as may be from time to time amended.
<br />(b) The Recipient acknowledges its representations in the Application
<br />pertaining to the creation of jobs and obligates itself to use its best efforts
<br />to create, or cause to be created, the numbers and kinds of jobs within a
<br />specified time period as specified in Exhibit A of this Grant Agreement as
<br />being expected to be created through this grant.
<br />(c) For Pockets of Poverty Projects, Recipient shall ensure that at
<br />least 75 percent of all permanent jobs initially resulting from the Project
<br />are provided to low- and moderate -income persons and that at least 51 percent
<br />of all permanent jobs initially resulting from the Project are provided to low -
<br />and moderate -income residents from the pocket. Recipient shall continuously use
<br />best efforts to ensure that at least 75 percent of all permanent jobs resulting
<br />from the Project are provided to low- and moderate -income persons and that at least
<br />51 percent of all permanent jobs resulting from the Project are provided to low -
<br />and moderate -incase residents from the Pocket.
<br />(d) The Recipient obligates itself to use all powers available to
<br />Revised 6;81.
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