EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT Sample Clauses

EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. (1) The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide PRPHA with a written statement specifying the facts of the alleged non- compliance and a reasonable opportunity to resolve or cure the alleged non-compliance or in the alternative, an opportunity to negotiate in good faith HUD’s findings of non- compliance. However, if the Department determines that PRPHA has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement: (a) Any act(s) or omission(s) by a PRPHA employee who violates the terms of this Agreement may serve as grounds for XXX’s imposing debarment, as set forth in 24 C.F.R. § 24.300; suspension, as set forth in 24 C.F.R. § 24.400 or limited denial of participation as set forth in 24 C.F.R. § 24.705. (b) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of PRPHA’s functions. (c) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s withholding some or all of PRPHA’s Capital Fund Program funding as specified in 24 C.F.R. § 968.335. (d) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to deny PRPHA high performer status under 24 C.F.R. § 901.115(e). (e) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for declaring PRPHA ineligible to receive funding under any Notice of Funding Availability (NOFA) for competitive grants. (f) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek in federal court specific performance, the redress of violations of any or all of the provisions of this Agreement. (g) Any act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities. (h) Any act(s) or omission(s) that violates the terms of this Agreement may serve as ground for the Department to conduct a compliance review under Section 504, the ADA, the FHAct or other appropriate statutory or regulatory authority. (i) Any act(s) or omission(s...
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EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. ‌ A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide AHA with a written statement specifying the facts of the alleged non-compliance and a reasonable opportunity to resolve or cure the alleged non- compliance; or, in the alternative, an opportunity to negotiate in good faith HUD’s findings of non-compliance. Upon receiving notice from HUD, AHA will have a period of sixty (60) days to resolve or cure the alleged non-compliance. However, if the Department determines that AHA has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non- compliance, unless specifically noted otherwise in this Agreement. 1. Violations of the terms of this Agreement so serious as to affect the integrity of an agency program, such as (1) a willful failure to perform in accordance with the terms of this Agreement; and (2) a willful violation of a statutory or regulatory provision or requirement applicable to this Agreement, may result in debarment as set forth in 24 C.F.R. § 24.800; suspension, as set forth in 24 C.F.R. § 24.700; or limited denial of participation, as set forth in 24 C.F.R. § 24.1100. 2. Any material act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for HUD’s declaring a breach of the annual contributions contract (ACC) with respect to some or all of AHA’s functions. 3. Any act(s) or omission(s) that violates the terms of this Agreement may serve as basis for HUD to direct AHA to take corrective action, as set forth in 24 C.F.R. § 968.335 (d)(5). Failure to take the required corrective action may result in HUD withholding some or all of AHA’s Capital Fund Program funding. 24 C.F.R. § 968.335 (f)(1). 4. Any material act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to seek specific performance of any or all of the provisions of this Agreement in federal court. 5. Any material act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority. 6. Any material act(s) or omission(s) that violates the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil r...
Sample 1
EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT. A. The parties intend to resolve their disputes with respect to non-compliance with this Agreement in a timely and efficient manner. Upon a finding of non-compliance, HUD will provide the CHA with a written statement specifying the facts of the alleged non-compliance and a reasonable opportunity to resolve or cure the alleged non-compliance, or, alternatively, an opportunity to negotiate in good faith HUD's findings of non-compliance. However, if the Department determines that the CHA has not satisfactorily resolved the findings of non-compliance, the Department may take any of the following actions for non-compliance, unless specifically noted otherwise in this Agreement: 1. Any act(s) or omission(s) that violate(s) the terms of this Agreement may serve as grounds for the United States to seek specific performance of any or all of the provisions of this Agreement in federal court. 2. Any act(s) or omission(s) that violate(s) the terms of this Agreement may serve as grounds for the Department to conduct a compliance review under Section 504, the ADA, or other appropriate statutory or regulatory authority. 3 Any act(s) or omission(s) that violate(s) the terms of this Agreement may serve as grounds for the United States to pursue an action in federal court for failure to comply with civil rights authorities.
Sample 1

Related to EFFECT OF NON-COMPLIANCE WITH THIS AGREEMENT

  • Compliance with this Agreement The Purchaser shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Purchaser on or before the Closing Date.

  • Non-compliance with the Clauses and termination The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.

  • Effect of Non-Compliance Failure to comply with the requirements set forth herein may result in termination of this Agreement and/or ineligibility for award of future contracts.

  • Compliance with Terms Such Grantor will perform and comply with all obligations in respect of the Collateral owned by it and all agreements to which it is a party or by which it is bound relating to such Collateral.

  • Compliance with TIA Every amendment, waiver or supplement of this Indenture or the Securities shall comply with the TIA as then in effect.

  • Compliance with Agreement Buyer shall have performed and complied in all material respects with all of its obligations under this Agreement which are to be performed or complied with by it prior to or on the Closing Date.

  • Compliance with FCPA Each of the Credit Parties and their Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. None of the Credit Parties or their Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to such Credit Party or its Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

  • Compliance with Agreements and Law Each Restricted Person will perform all material obligations it is required to perform under the terms of each indenture, mortgage, deed of trust, security agreement, lease, franchise, agreement, contract or other instrument or obligation to which it is a party or by which it or any of its properties is bound. Each Restricted Person will conduct its business and affairs in compliance with all Laws applicable thereto.

  • Compliance with Terms of Leaseholds Make all payments and otherwise perform all obligations in respect of all leases of real property to which the Borrower or any of its Subsidiaries is a party, keep such leases in full force and effect and not allow such leases to lapse or be terminated or any rights to renew such leases to be forfeited or cancelled, notify the Administrative Agent of any default by any party with respect to such leases and cooperate with the Administrative Agent in all respects to cure any such default, and cause each of its Subsidiaries to do so, except, in any case, where the failure to do so, either individually or in the aggregate, could not be reasonably likely to have a Material Adverse Effect.

  • Compliance with Agreements and Covenants Purchaser shall have performed and complied in all material respects with all of its covenants, obligations and agreements contained in this Agreement to be performed and complied with by it on or prior to the Closing Date.

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