Common use of HUD Monitoring Clause in Contracts

HUD Monitoring. (a) Notwithstanding clause 7, HUD may, upon reasonable concern regarding the Provider’s performance under this Agreement or any Services Agreement, undertake: (i) its own performance monitoring of the Provider, including to ensure that the Services are being provided in accordance with this Agreement and the relevant Services Agreement; and T E (ii) increased performance monitoring of the Provider if it considers that Data provided by the Provider pursuant to a Services Agreement has not evidenced improvement to a satisfactory level, having regard to other relevant Housing and Housing Services providers (and the Provider will be required to meet HUD’s reasonable costs of any increased monitoring if requested by HUD), M and in each case the Provider is to reasonably assist HUD as required with that monitoring. (b) HUD will notify the Provider of the outcome of the performance monitoring exercise, and the Provider is to have due regard to ▇▇▇’s comments in terms of how it provides the Services. P L (c) If HUD finds evidence of any materially misleading or incorrect Provider reporting or claims for payment (other than in circumstances of a clear and unintentional error), HUD may increase the level of: T (i) its own performance monitoring; and/or A E (ii) the Provider's required monitoring and reporting of its own performance under this Agreement and the relevant Services Agreement, and, the Provider will be required to meet HUD’s reasonable costs of any increased monitoring if requested to do so by HUD in writing. (d) If the Provider becomes subject to any increased monitoring by HUD under clause 10.2(a)(ii) or clause 10.2(c), then it is to provide to HUD, within 10 Business Days of the end of each calendar quarter, a compliance certificate signed by a director or trustee (as applicable) in a form acceptable to HUD (acting reasonably) certifying compliance with the Provider’s obligations under this Agreement and the relevant Services Agreement. (e) HUD will cease to exercise its rights in respect of any increased or additional performance monitoring under this clause 10.2 as soon as reasonably practicable upon the Provider demonstrating to HUD’s satisfaction that the Provider is properly performing (and, in particular, properly and accurately reporting and invoicing in relation to) its obligations under this Agreement and any relevant Services Agreements.

HUD Monitoring. (a) Notwithstanding clause 7, HUD may, upon reasonable concern regarding the Provider’s performance under this Agreement or any Services Agreement, undertake: (i) its own performance monitoring of the Provider, including to ensure that the Services are being provided in accordance with this Agreement and the relevant Services Agreement; and T Eand (ii) increased performance monitoring of the Provider if it considers that Data provided by the Provider pursuant to a Services Agreement has not evidenced improvement to a satisfactory level, having regard to other relevant Housing and Housing Services providers (and the Provider will be required to meet HUD’s reasonable costs of any increased monitoring if requested by HUD), M and in each case the Provider is to reasonably assist HUD as required with that monitoring. (b) HUD will notify the Provider of the outcome of the performance monitoring exercise, and the Provider is to have due regard to ▇▇▇’s comments in terms of how it provides the Services. P L. (c) If HUD finds evidence of any materially misleading or incorrect Provider reporting or claims for payment (other than in circumstances of a clear and unintentional error), HUD may increase the level of: T: (i) its own performance monitoring; and/or A T E (ii) the Provider's required monitoring and reporting of its own performance under this Agreement and the relevant Services Agreement, M and, the Provider will be required to meet HUD’s reasonable costs of any increased monitoring if requested to do so by HUD in writing.. P (d) If the Provider becomes subject to any increased monitoring by HUD under clause 10.2(a)(ii) or clause 10.2(c), then it is to provide to HUD, within 10 Business Days of the end of each calendar quarter, a compliance certificate signed by a director or trustee (as applicable) in a form acceptable to HUD (acting reasonably) certifying compliance with the Provider’s obligations under this Agreement and the relevant Services Agreement.. A (e) HUD will cease to exercise its rights in respect of any increased or additional performance monitoring under this clause 10.2 as soon as reasonably T E practicable upon the Provider demonstrating to HUD’s satisfaction that the Provider is properly performing (and, in particular, properly and accurately reporting and invoicing in relation to) its obligations under this Agreement and any relevant Services Agreements.