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FIESTA MARKETPLACE PARTNERS (7)
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FIESTA MARKETPLACE PARTNERS (7)
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Last modified
9/4/2024 5:48:48 PM
Creation date
8/26/2024 3:02:04 PM
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Contracts
Company Name
FIESTA MARKETPLACE PARTNERS
Contract #
A-1986-080
Agency
Community Development
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Participating Party sh. . neither succeed to any rights enefits or advantages <br />of the Recipient under this Grant Agreement, nor attain any rights, privileges, <br />°authorities or interests in or under this Grant Agreement. <br />Section 9.10 Secretary Approval of Amendments <br />The Recipient shall include, or cause to be included, in all contracts <br />which are required to be submitted to and approved by the secretary in accordance <br />with Exhibit E of this Grant Agreement a provision that during the term of this <br />Grant Agreement such contract shall not be amended in any material respect, <br />after such approval and acceptance, without the prior written approval of the <br />Secretary. "Material" shall be defined as anything which cancels or reduces <br />any developmental, construction, job creating, or financial obligation of any <br />Participating Party by more than ten (10%) percent, changes the sites or <br />character of any development activity, or increases any time for performance <br />by a party by more than thirty (30) days. <br />Section 9.11 Disclaimer of Relationships <br />The Recipient shall include in all contracts with Participating <br />Parties, and in all contracts with any party involving the use of grant funds, <br />an acknowledgement that nothing contained in this Grant Agreement, or in the <br />contract between the parties, nor any act of the secretary, the Recipient, or <br />any of the parties, shall be deemed or construed by any of the parties, or by <br />the third persons, to create any relationship of third -party beneficiary, <br />principal and agent, limited or general partnership, or joint venture, or of <br />any association or relationship involving the Secretary. <br />Section 9.12 Limitation of Recipient Liability for Project Activities <br />Unless otherwise specified in Exhibit A of this Grant Agreement, the <br />Recipient shall include in all contracts with Participating Parties, and in all <br />contracts with any party involving the use of grant funds, an acknowledgement <br />that the Recipient shall not be liable to any Participating Party, or to any party <br />except HUD, for completion of, or the failure to complete, any activities which <br />are a part of the Project, except those specified in Exhibit D of this Grant <br />Agreement. <br />Section 9.13 Conflict of Interest <br />The Recipient shall include in all contracts with Participating <br />Parties, and in all contracts with any party involving the use of grant funds, <br />a conflict of interest provision consistent with Section 5.01(8) of this Grant <br />Agreement. <br />Section 9.14 Project Signs <br />The Recipient shall include in all contracts with Participating <br />Parties, and in all contracts with any party involving the use of grant funds, <br />a project sign provision consistent with any criteria which may be established <br />by the Secretary. <br />ARTICLF . X <br />EVIDENTIARY MATERIALS <br />Section 10.01 Commitments of Partici tin Parties - General <br />(aj In selecting the Recipient for the award of this grant, the <br />Secretary has relied, in material part, upon the representations of the Recipient <br />and Participating Parties that the Recipient and the Participating Parties <br />(i) will carry out certain activities connected with the Project; (ii) will <br />complete those activities; (iii) have, or will have, the financial capability <br />to assure the carrying out of the activities to their completion; and <br />(iv) will invest, or cause to be invested, a specific <br />value <br />eaamount Participating <br />the ng <br />Project. The Secretary has also relied uponarts <br />Parties' representations that such Participating Parties will, prior to any <br />use of grant funds for the Project, enter into legally binding agreements <br />evidencing the comitments which were so relied upon by the Secretary. <br />13 <br />Revised 6/81 <br />
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