1973.06.11 CC Minutes - Laserfiche WebLink

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A tiecesary casemen► .:cq. hy condemnation or . .► :,::t,ket value shall not be considcr:.d .:n ::►tctest in real property within the meaning of this section. Section 34. Interest of Third Parties.—The Government shall not be liable or obligated under this Agreement to any party other than the Grantee. Section 35. Interest of Members of or Delegates to Congress.—No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Section 36. Bonus or Commission.—By execution of the Agreement, the Grantee represents that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of obtaining an approval of its application for the grant hereunder, or any other approval by the Government which may be necessary under this Agreement. Section 37. State or Territorial Law.—Anything in the Agreement to the contrary notwithstanding, nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law: Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law,or if compliance with the provisions of the Agreement would require the Grantee to violate any applicable State or territorial law, the Grantee will at once notify the Government in writing in order that appropriate changes and modifications may be made by the Government and the Grantee to the end that the Grantee may proceed as soon as possible with the construction of the project. Section 38. Waivers.—Subject to the applicable Federal law, any liability or remedy which the Government • may have under this Agreement may be waived in writing by the Government by a formal waiver and either with or without the execution of any amendatory or supplementary agreement, if in the opinion of the Government this Agreement as so modified will still conform to the provisions and requirements of applicable laws.However, in no event shall the making by the Government of any grant payment to the Grantee constitute or be construed as a waiver by the.Government of any breach or any default which may then exist on the part of the Grantee, including but not limited to noncompliance with any of the prerequisites set forth in Section 2 hereof. The making of any such payment shall in no way impair or prejudice any right or remedy available to the Government with respect to such breach or default. Section 39. Termination or Suspension of the Agreement.—The Government may terminate or suspend this Agreement upon the violation of of the terms or conditions of this Agreement. The Government shall not be limited to recovery of all or part of the grant for any such violation, but shall also be entitled to injunctive or other equitable relief as appropriate. Section 40. How Agreement Affected by Provisions Being Held Invalid.—If any provisions of this • Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if it is in conformity with the terms and requirements of applicable laws. . Section 41. Operation, Sale,or Disposal of the Project.—The Grantee covenants and agrees that: (a) It will operate and maintain the Project,or provide for the operation and maintenance thereof,to serve the objects and purposes for which the grant has been made available under Federal law and the terms of the Grant Agreement. (b) It will not sell, lease, or otherwise dispose of the Project or any portion thereof without prior written approval of the Government. Such approval will be based upon such conditions as the Government deems appropriate and may include repayment of all or part of the grant. I 6 HUD-41420(7n) • 0 a,: • 4. . . R•.