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<br />5/05 <br /> <br />fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are re- <br />ceived from CITY'S representative. <br /> <br />(d) No Conflict. To the best of SUB RECIPIENT'S knowledge, <br />SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement <br />will not constitute a default or a breach under any contract, agreement or order to which <br />SUBRECIPIENT is a party or by which it is bound. <br /> <br />(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threat- <br />ened bankruptcy proceeding. <br /> <br />(1) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a cur- <br />rent or threatened litigation that would or may materially affect SUBRECIPIENT'S performance <br />under this Agreement. <br /> <br />(g) Application Veracity. All provisions of and information provided in <br />SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true <br />and correct in all material respects. . <br /> <br />(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the <br />subject of any current or threatened criminal or civil action investigation by any public agency, <br />including without limitation a police agency or prosecuting authority, that would relate to affect <br />performance of the Agreement or provision of services hereunder. <br /> <br />(4) Compliance with Subpart K of LBP Ree:s. Subpart K - Acquisition, Leas- <br />ing, Support Services, or Operation <br /> <br />(a) SUBRECIPIENT acknowledges and agrees that it shall comply with and im- <br />plement the requirements set forth in Title X and the LBP Regs to eliminate, as far as practicable, <br />LBP hazards in all residential property that is under its ownership, possession, or control and/or <br />residential property occupied by persons or families that receive financial or other assistance <br />from SUBRECIPIENT. <br /> <br />(b) SUB RECIPIENT shall provide a notice to all residents/occupants of residen- <br />tial property that is under its ownership, possession, or control and/or residential property occu- <br />pied by persons or families that receive financial or other assistance from SUBRECIPIENT in <br />accordance with Section 35.125 of the LBP Regs. <br /> <br />(i) SUBRECIPIENT acknowledges that in connection therewith a <br />visual assessment is not considered an evaluation for purposes of the LBP <br />Regs. <br /> <br />4 <br />