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5105 effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs."), which estab- lish specific rules regarding notification to owners and occupants about the existence of LBP hazards, identification of LBP hazards, and control of LBP hazards; and 7. Residential structures built after January 1, 1978 are exempt from lead -based paint re- quirements as the use of lead -based paint was banned for use in residences after this date by Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be applicable if the structures involved were built after January 1, 1978. 8. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs, sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who admin- ister local programs that provide supportive housing for special needs populations and are funded by HUD Office of Community Planning and Development ("CPD") programs, including ESG funds, as provided to SUBRECIPIENT under this Agreement; and 9. In connection with the grant of funds under this Agreement, CITY requires that SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support ser- vices, or operations, and Subpart J relating to rehabilitation, as and when applicable; and 10. In connection with the grant of funds under this Agreement, CITY requires that SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and when applicable; and 11. Attached and hereby fully incorporated to this Agreement are the following notification attachments: Attachment No. 1 entitled "Protect Your Family From Lead In Your Home", EPA747-K-99-001, Attachment No. 2 entitled "Sample Disclosure Format for Target Housing Sales, Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards", and At- tachment No. 3 entitled "Sample Summary Risk Assessment Notice Format"; provided however, that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs; and 12. By this Agreement SUBRECIPIENT will accept assignment from the CITY of all respon sibilities set forth in Subpart K of the LBP Regs; and 13. SUBRECIPIENT agrees that it will adhere to the performance measurements and out- comes as indicated on Exhibit B (Scope of Work). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. 2