Common use of Exception authority Clause in Contracts

Exception authority. The Under Secretary for Rural Devel- opment (or designee) may, in indi- vidual cases, make an exception to any requirements of this subpart not re- quired by the authorizing statute if the Administrator finds that application of such requirement would adversely af- fect the interest of the Government, or adversely affect the accomplishment of the purposes of the HPG program, or result in undue hardship by applying the requirement. The Administrator or the Assistant Administrator for Hous- ing may exercise this exception author- ity at the request of the State Direc- tor. The request must be supported by information demonstrating the adverse impact, citing the particular require- ment involved, recommending proper alternative course(s) of action, and outlining how the adverse impact could be mitigated. Exception to any require- ment may also be initiated by the As- sistant Administrator for Housing. According to the Paperwork Reduc- tion Act of 1995 (44 U.S.C. chapter 35), ganized and operating under (author- izing State statute), and the United States of America acting through the Farmers Home Administration (FmHA) or its successor agency under Public Law 103–354. FmHA or its successor agency under Public Law 103– 354 agrees to grant a sum not to exceed $ subject to the terms and conditions of this Agreement; provided, however, that the grant funds actually advanced and not need- ed for grant purposes shall be returned im- mediately to FmHA or its successor agency under Public Law 103–354. The Housing Pres- ervation Grant (HPG) Statement of Activi- ties approved by FmHA or its successor agency under Public Law 103–354, is at- tached, and shall commence within 10 days of the date of execution of this agreement by FmHA or its successor agency under Public Law 103–354 and be completed by (date). FmHA or its successor agency under Public Law 103–354 may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is deter- mined that the grantee has failed to comply with the conditions of this Grant Agreement or FmHA or its successor agency under Pub- lic Law 103–354 regulation related hereto. The grantee may appeal adverse decisions in accordance with the FmHA or its successor agency under Public Law 103–354 Appeal Pro- cedures contained in subpart B of part 1900 of this chapter. In consideration of said grant by FmHA or its successor agency under Public Law 103– 354 to the Grantee, to be made pursuant to section 533 of the Housing Act of 1949, Hous- ing Preservation Grant (HPG) program, the grantee will provide such a program in ac- cordance with the terms of this Agreement and applicable FmHA or its successor agency under Public Law 103–354 regulations. Part A—Definitions

Exception authority. The Under Secretary for Rural Devel- opment (or designee) may, in indi- vidual cases, make an exception to any requirements of this subpart not re- quired by the authorizing statute if the Administrator finds that application of such requirement would adversely af- fect the interest of the Government, or adversely affect the accomplishment of the purposes of the HPG program, or result in undue hardship by applying the requirement. The Administrator or the Assistant Administrator for Hous- ing may exercise this exception author- ity at the request of the State Direc- tor. The request must be supported by information demonstrating the adverse impact, citing the particular require- ment involved, recommending proper alternative course(s) of action, and outlining how the adverse impact could be mitigated. Exception to any require- ment may also be initiated by the As- sistant Administrator for Housing. According to the Paperwork Reduc- tion Act of 1995 (44 U.S.C. chapter 35), no persons are required to respond to a collection of information unless it dis- plays a valid OMB control number. The valid OMB control number for the in- formation collection in this subpart is 0575–0115. [62 FR 26211, May 13, 1997] Exhibit A to Subpart N of Part 1944— Housing Preservation Grant Agreement This Agreement dated lll is between lll (name), lll (address), (grantee), or- ganized and operating under lll (author- izing State statute), and the United States of America acting through the Farmers Home Administration (FmHA) or its successor agency under Public Law 103–354. FmHA or its successor agency under Public Law 103– 354 agrees to grant a sum not to exceed $ $lll subject to the terms and conditions of this Agreement; provided, however, that the grant funds actually advanced and not need- ed for grant purposes shall be returned im- mediately to FmHA or its successor agency under Public Law 103–354. The Housing Pres- ervation Grant (HPG) Statement of Activi- ties approved by FmHA or its successor agency under Public Law 103–354, is at- tached, and shall commence within 10 days of the date of execution of this agreement by FmHA or its successor agency under Public Law 103–354 and be completed by lll (date). FmHA or its successor agency under Public Law 103–354 may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is deter- mined that the grantee has failed to comply with the conditions of this Grant Agreement or FmHA or its successor agency under Pub- lic Law 103–354 regulation related hereto. The grantee may appeal adverse decisions in accordance with the FmHA or its successor agency under Public Law 103–354 Appeal Pro- cedures contained in subpart B of part 1900 of this chapter. In consideration of said grant by FmHA or its successor agency under Public Law 103– 354 to the Grantee, to be made pursuant to section 533 of the Housing Act of 1949, Hous- ing Preservation Grant (HPG) program, the grantee will provide such a program in ac- cordance with the terms of this Agreement and applicable FmHA or its successor agency under Public Law 103–354 regulations. Part A—Definitions