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Development Blocy,,,rant Program under Title I of the Act to be increased, <br />in accordance with procedures established by the Department of the Treasury, <br />in an amount not to exceed the amount of grant funds referenced in Section 2.01 <br />and specified in Exhibit A of this Grant Agreement. <br />(b) The authorization to use the Letter of Credit and to pay costs <br />out of grant funds shall be governed by the provisions of this Grant Agreement <br />and shall be subject to all conditions precedent to the Recipient's draw of grant <br />funds which are specified in this Grant Agreement, The Recipient shall not draw <br />upon the Letter of Credit until the Secretary has authorized the Recipient to <br />draw pursuant to Section 3.03 of this Grant Agreement. <br />(c) The Recipient is authorized to draw grant funds against the <br />Letter of Credit only in accordance with the provisions of this Grant Agreement <br />and the procedures established by the Secretary and the Department of the <br />Treasury. No payment by the Department of the Treasury of an improper or <br />unauthorized draw to the Recipient shall constitute a waiver of the right <br />of the Secretary to challenge the validity of such draw, to en&rce all <br />rights and remedies set forth in this Grant Agreement, or take corrective <br />or remedial administrative action pursuant to the UAAG Regulations, which <br />action may include, without limitation, suspension or termination of the <br />Recipient's funding under this Grant Agreement. <br />(d) The disposition of any grant funds that remain available under <br />the Letter of Credit following ocmpletion of the Project, or the termination <br />Of this Grant Agreement by the Secretary, or its termination for any cause, <br />shall be in accordance with close --out procedures then in effect or established <br />by the Secretary, and the Recipient shall not have any rights to such grant <br />funds. <br />Section 3.02 Incurring Costs for Project Activities <br />(a) The use of grant funds is conditioned upon the Recipient <br />incurring costs to be paid in accordance with this Grant Agreement or as <br />otherwise approved by the Secretary in writing. The incurring of costs to <br />be paid out of grant funds shall be governed by the following: <br />cities as (1) Except for the cost of application preparation for small <br />specified in the UDAG regulations, no costs incurred prior to the preliminary approval date may be paid out of grant funds. <br />(2) After the preliminary approval date, eligible administrative <br />costs, including but not limited to costs of Environmental Studies, and costs <br />incurred by Participating Parties, other than the Recipient, its agent or <br />agency, for any activity not to be paid for in whole or in part with grant . funds, may be incurred before or after the effective date of this Grant <br />Agreement, as defined in Section 11.14 below, and the satisfaction of <br />environmental conditions. <br />(3) Except as permitted by-24 C.F.R. part 58, no other costs <br />to be paid out of grant funds may be incurred by the Recipient or any Partici— <br />pating Party until all Environmental Conditions of 24 C.F.R. Part 58 have been <br />fully satisfied and the Secretary has issued the environmental releases required <br />by 24 C.F.R. Part 58. <br />(4) After the Recipient has satisfied all of the Environmental <br />Conditions and the Secretary has issued the required environmental releases, <br />then at any time after the Preliminary Approval Date for this Project, the <br />Recipient and the Participating Party may incur eligible costs to be paid <br />out of grant funds. <br />Revised 6/81 <br />