Agmt 2008 Spectrum Community Services

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Section 3 business is one that is owned by Section 3 residents, or employs Section 3 residents in full-time positions, or subcontracts with businesses which provide economic opportunities to low-income persons: 3.6.2 The parties to this agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 135, and all applicable rules and orders of the Department issued thereunder. The parties to this agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3.6.3 Participant will send to each labor organization or representative of workers with which it has a collective bargaining Agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of the commitments under the Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 3.6.4 Participant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or Participant of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. 135. Participant will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 3.6.5 Participant shall comply with other requirements described in the Equal Employment Opportunity section in Exhibit F. 3.7 USE OF PROPERTY: A Participant may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the Participant provides the City with reasonable notice of, and opportunity to comment on, any proposed change. ARTICLE IV DEFAULT AND REMEDIES 4.1 EVENTS OF DEFAULT. The occurrence of any one or more of the following events shall constitute an event of default hereunder ("Event of Default"): (a) Participant removes the Improvements from the Property or fails to maintain the Improvements and the Property in good condition and repair in violation of Section 3,4. (b) Any representation or warranty contained in this Agreement or any certificate furnished in connection with the foregoing or in connection with any request for disbursement of Loan Proceeds proves to have been false or misleading in any material adverse respect when made. Fiscal Year 08-09 4