Agmt 2002 Citizens Housing Corporation

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Loan Agreement San Leandro and Citizens' Housing Corporation Page 6 of 6 SECTION 4.Ofi EVALUATION City, with prior written notice of 14 days to Developer, may at any time during the term of this Contract, conduct an evaluation of the Developer's performance with respect to this Contract. Said evaluation shall cover both objectives and program of Developer. Developer shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with City in making these or any other evaluation reports; Developer shall permit access by City to the premises, shall furnish all information requested by City, and shall afford City access to all such records of Developer. SECTION 4.07 ACTS AND OMISSIONS Developer shall be as fully responsible to City for the acts and omissions of any subconstractor, and of persons either directly or indirectly employed by them, as Developer is for the acts and omissions of persons directly employed by Developer. Developer may transfer interest in this contract (whether by assignment or novation) with prior written approval of City. Developer may assign its rights to receive compensation from the City for performance of the contract to its financial institutions for the purpose of securing financial resources, provided that written consent from the Director of Development Services or designee shall have first been obtained. No party shall, on the basis of this contract, in any way contract on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void. SECTION 4.08 NO EMPLOYEE Neither the Developer nor any of its employees shall by virtue of this Contract be an employee of City for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of City employees. Developer shall be deemed at all times an independent Developer and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. Developer assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. SECTION 4.09 CONFIDENTIALITY Developer agrees to maintain the confidentiality of any information which may be obtained with this work. City shall respect the confidentiality of information furnished by Developer to City. SECTION 4.10 COMPLIANCE WITH LAWS AND HOME REQUIREMENTS Developer shall comply with all applicable laws, ordinances, and codes of Federal, State and local governments, in performing any of the work embraced by this contract. Developer agrees to comply with all requirements which are now, or which may hereafter be, imposed by HUD for the HOME Program, as well as such requirements as may be imposed by the City or the Alameda County HOME Consortium.