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TAG Associates of Illinois, Inc.
<br /> c/o TAG Associates, Inc.
<br /> 511 Washington Street
<br /> Norwood,MA 02062
<br /> 1.7 Representatives. To facilitate communication,each of the Parties shall designate and
<br /> at all times during the term of this Agreement maintain a representative with responsibility for the
<br /> routine administration of each Party's obligations under this Agreement. The Parties have appointed
<br /> the following as their initial representatives: Jim Alpi for DHA; City Manager for the City; and
<br /> Eileen Rhodes for Developer. Said representatives may be changed from time to time upon proper
<br /> notification of other Parties in accordance with this Agreement.
<br /> 1.8 Developer Not an Agent. Developer is an independent contractor and not an agent
<br /> of DHA or the City, therefore, Developer shall have no authority to bind DHA or the City. The
<br /> Developer shall provide development services for the Revitalization in accordance with this
<br /> Agreement. The Developer shall perform the duties and undertake the responsibilities herein set
<br /> forth in a competent and professional manner using good faith reasonable efforts. Except as
<br /> expressly set forth herein,the Developer will provide all services,equipment,and materials for the
<br /> Revitalization and will fiarnish, directly or through subcontractors, professional expertise,
<br /> management, labor, materials, supplies, fixtures, equipment, tools and machinery, testing,
<br /> supervision, facilities, and other services required for the completion of the Revitalization.
<br /> 1.9 Quality of Work; Compliance with Laws. Each Party, in accordance with its
<br /> respective role(s), shall perform its respective duties and obligations and undertake the
<br /> responsibilities herein set forth (a) in accordance with the Contract Documents; (b) with the
<br /> understanding that market standards shall have a bearing on the optimum design and amenities and
<br /> that,since the"PHA-Assisted Units"shall be interspersed with"Market Rate Units"throughout the
<br /> development, said PHA-Assisted Units shall be reasonably identical in size, configuration, and
<br /> amenities to the rental Mazket Rate Units; and (c) in accordance with standards, rules, criteria,
<br /> policies,procedures,and other requirements imposed by the City in its governmental capacity(as
<br /> opposed to its role as a Party to this Agreement), the Legal Requirements and Public Housing
<br /> Requirements including applicable statutes,regulations,ordinances,and orders of all governmental
<br /> authorities having jurisdiction over the Revitalization. With respect to the Public Housing
<br /> Requirements, Developer shall not be deemed to have failed in the foregoing obligation to the
<br /> extent that any default thereunder was caused, occasioned or hindered in its cure by any material
<br /> actions, omissions, delays or breaches of wananty of DHA or a Contractor of DHA.
<br /> 1.10 Performance Pending Dispute Resolution. In the event that there is a dispute
<br /> between the Parties, except for any dispute relating to the payment of any monies as required
<br /> hereunder,but prior to any termination of this Agreement as provided for herein,the Parties shall
<br /> nevertheless proceed with performance of their obligations under this Agreement.
<br /> 1.11 Documents. If any document is required in connection with the development of the
<br /> Revitalization that requires execution by DHA and/or the City (including, by way of example,
<br /> easements and agreements with utility companies),Developer shall cause the same to be prepared
<br /> and submitted to DHA and/or the City, as appropriate, for their respective review, approval and
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<br /> INDY 1566592v.2
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