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Department shall promptly notify the Recipient in writing of the <br />disapproved amount and the reason therefore. <br />Concurrent Review of Draw Request. In the event any item shall be <br />disapproved or deemed disapproved, the Recipient and the <br />Department shall meet and in good faith attempt to resolve the matter <br />to their mutual satisfaction. <br />d. Disbursement of Undisputed Amounts. In the event of any dispute, <br />the Department shall disburse the amount of the Draw Request not <br />in dispute, and fund any disputed amount promptly upon resolution <br />of the dispute. Disputed amounts shall not be deducted from the <br />Department's Program Funds, but shall be available for <br />disbursement for other approved costs in accordance with the <br />Sources and Uses of Funds. The Department and Recipient shall <br />seek to resolve any disputes promptly and in good faith. <br />18. Condition Precedent to Final Disbursement. The final disbursement of the <br />of Program Funds, including ten percent (10%) retention of hard <br />construction costs, shall be subject to the following conditions: <br />a. All of the conditions set forth in Paragraphs 14, 15 and 16 above <br />have been met. <br />b. Submission to the Department of a Notice of Completion duly <br />recorded by Recipient. <br />C. For HRI activities, submission to the Department of a Certificate of <br />Occupancy for the Housing Development issued by the local <br />government having jurisdiction over the Housing Development, or <br />any equivalent thereto acceptable to the Department. <br />d. Receipt by the Department, if so requested, of a development cost <br />audit for the HRI, STI or TRA satisfactory to the Department. <br />e. Issuance of a certificate or certificates, each in form and substance <br />satisfactory to the Department, executed by Recipient and the <br />Architect, either jointly or severally, each certifying that the HRI, STI <br />or TRA has been completed in accordance with the Scope of Work. <br />f. Completion of the HRI, STI or TRA in accordance with Exhibit B and <br />acceptance and approval of the Project by the Department and by <br />any person or governmental agency whose approval may be <br />required. <br />16-AHSC-11200 <br />NOFA 02/29/16 Page 11 of 36 <br />Rev. 03/16/17 <br />Project: Santa Ana Arts Collective., <br />Prep Date: 08/08/1'7 <br />