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11.3.2 Authorization, Binding Agreement. The execution, delivery and <br /> performance by DHA of this Agreement has been duly authorized by all requisite action and is the <br /> legally binding obligation of DHA. <br /> 11.3.3 Litigation. This Agreement will not violate any judgment, law, consent <br /> decree or agreement to which DHA is a party or is subject. There is no lawsuit or legal proceeding <br /> pending or, to the best of DHA's knowledge, threatened before any court or government or <br /> administrative body or agency that would impede DHA's ability to perform its obligations <br /> hereunder. DHA is not in default with respect to any judgment, writ, injunction, decree, rule or <br /> regulation of any court or any governmental or administrative body or agency which would limit in <br /> any material way DHA's ability to perform any of its obligations under this Agreement. <br /> ARTICLE 12. HUD REQUIREMENTS <br /> 12.1 Subgrantee Certification. Concurrently with Developer's entry into this Agreement, <br /> Developer shall execute and deliver to DHA the Subgrantee/Contractor/Subcontracts Certifications <br /> and Assurances in the form attached hereto and made a part hereof as Exhibit E. <br /> 12.2 No Assignment of Funds. The DHA and Developer acknowledge that a transfer by <br /> DHA of any HOPE VI Grant funds received from HUD pursuant to the HOPE VI Grant Agreement <br /> to Developer by DHA shall not be deemed to be an assignment of such funds. The Developer will <br /> not succeed to any rights or benefits DHA may have under the HOPE VI Grant Agreement, or any <br /> ACC Amendment,or obtain any privileges, authorities,interests or rights in or under the HOPE VI <br /> Grant Agreement or any ACC Amendment. <br /> 12.3 No Third Party Benefits. Nothing herein shall be deemed or construed to create any <br /> relationship of third-party beneficiary,principal and agent,limited or general partnership,general or <br /> co-venturer, or any association or relationship in any way involving HLTD. <br /> ARTICLE 13. MISCELLANEOUS <br /> 13.1 Notices. All notices,requests,demands, approvals,or other communications given <br /> hereunder or in connection with this Agreement shall be in writing and shall be deemed given when <br /> delivered by hand or sent by recognized overnight courier service, or sent by registered or certified <br /> mail,return receipt requested,addressed as follows(provided,that any time period for responding to <br /> any such communication shall not begin to run until such communication is actually received or <br /> delivery is refused): <br /> If to Developer, to: <br /> East Lake Management &Development Corp. <br /> 2850 South Michigan Avenue <br /> Suite 100 <br /> Chicago, Illinois 60616 <br /> Attention: Eileen Rhodes <br /> Decatur Housing Authority Near North Impact Area Development Agreement <br /> Page 41 <br />