Laserfiche WebLink
41.TRANSFER BY OWNER. If Owner's interest in the property shall be in any way <br /> transferred without City's prior written consent, Owner shall become obligated to <br /> promptly repay all Loan proceeds received, and this Agreement shall be immediately <br /> terminated. <br /> 42.FAILURE TO MAINTAIN. If Owner fails to comply with the property maintenance <br /> standards or affordability period requirements set forth herein, and such failure is not <br /> cured within the cure period in Section 38, Owner shall become obligated to promptly <br /> repay all Loan proceeds received, and this Agreement shall immediately thereafter be <br /> terminated. <br /> 43.CONFLICTS OF INTEREST PROHIBITED. No officer, employee or agent of the City who <br /> exercises any functions or responsibilities with respect to the carrying out of the <br /> program shall have any interest, direct or indirect, in this Agreement or proceeds <br /> thereof as prescribed in 24 CFR 92.356 Section F and Section 85.36. <br /> 44.OWNERSHIP RESTRICTIONS. No member or delegate of the Congress of the United <br /> States and no resident Member of Congress or Member of the Decatur City Council shall <br /> be admitted to any share or part of this Agreement, or to any benefits to arise here. <br /> 45.COMPLETE AGREEMENT. This Agreement, along with the attached Note, Mortgage, and <br /> Deed Restriction, constitutes the entire agreement between the Parties with respect to <br /> the subject matter hereof, and supersedes all prior agreements and understandings, <br /> oral or written, with respect to such matters, and shall not be amended or modified <br /> except by written instrument signed by all parties. <br /> 46.NO JOINT VENTURE. Nothing in this Agreement shall be construed as creating or <br /> constituting the relationship of a partnership, joint venture, or other association of any <br /> kind or agent and principal relationship between the parties hereto. Each party shall be <br /> deemed an independent contractor contracting for services and acting toward the <br /> mutual benefits expected to be derived herefrom. No party shall have the authority to <br /> enter into any contract of create an obligation or liability on behalf of, in the name of, or <br /> binding upon another party to this Agreement. <br /> 47. SEVERABILITY. This Agreement shall be construed in accordance with and subject to <br /> the laws of the State of Illinois and the United States. Any provision of this Agreement <br /> officially declared void, unenforceable, or against public policy shall be ignored and the <br /> remaining provisions of the Agreement shall be interpreted, so far as possible, to give <br /> effect to the Parties' intent. If any provision of this Agreement is determined by a court <br /> of competent jurisdiction to be invalid or unenforceable, such determination shall not <br /> affect the validity or enforceability of any other part or provision of this Agreement. <br /> 11 <br />