Measure of Liability. In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, the Department shall be liable for actual and reasonable costs incurred by the Subrecipient during the contract period for performances rendered under this contract by the Subrecipient, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties that the Department's obligations under this Section 4 are contingent upon the actual receipt of adequate state or federal funds to meet Department's liabilities under this contract. If adequate funds are not available to make payments under this contract, Department shall notify the Subrecipient in writing within a reasonable time after such fact is determined. Department shall terminate this contract and will not be liable for failure to make payments to the Subrecipient under this contract. 2. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient, or any portion thereof, which has been paid to the Subrecipient or is subject to payment to the Subrecipient, or has been reimbursed to the Subrecipient or is subject to reimbursement to the Subrecipient by any source other than the Department or the Subrecipient. 3. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient which are not allowable costs, as set forth in Section 6 (A) of this contract. 4. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient or for any performances rendered by the Subrecipient which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, and Exhibit D of this contract. 5. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient in the performance of this contract which have not been billed to the Department by the Subrecipient within sixty (60) days following termination of this contract unless otherwise provided for in the Certificate of Expenditures referred to in Section 8 (C) of this contract. 6. The Department shall not be liable for costs incurred or performances rendered by the Subrecipient before commencement of this contract or after termination of this contract, unless the Subrecipient receives written approval from the Department and such costs are specifically identified in Exhibit A, Performance Statement and Exhibit B, Budget, of this contract and are undertaken in accordance with the requirements of 24 CFR Part 570, Subpart I and 24 CFR Part 58. 7. Except for costs reserved in accordance with Section 25 of this contract, the Department shall not be liable for costs incurred and reserved on the Certificate of Expenditure if such costs are not billed to the Department within ninety days after the contract’s termination date. Audit funds reserved on the Certificate of Expenditure eligible for reimbursement under the provisions of Section 19 of this contract shall be billed to the Department within nine months after the end of the Subrecipient’s fiscal year that follows the termination date of this contract. The Department shall deobligate all reserved funds not requested under this subsection. 8. The Department shall not be obligated to pay for any expenses of the Subrecipient under this Contract that HUD determines are not reimbursable with federal grant funds. Should the Subrecipient receive any federal grant funds from the Department that HUD determines at any time are not subject to payment with federal grant funds, the Subrecipient shall refund to the Department any and all such amounts that have been paid by the Department to the Subrecipient.
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Measure of Liability. In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contractContract, the Department TDHCA shall be liable for actual and reasonable costs incurred by the Subrecipient during the contract period Contract Period for performances rendered under this contract Contract by the Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties that the DepartmentTDHCA's obligations under this Section 4 are contingent upon the actual receipt and availability of adequate state or federal funds to meet DepartmentTDHCA's liabilities under this contractContract. If adequate funds are not available to make payments under this contractContract, Department TDHCA shall notify the Subrecipient in writing within a reasonable time after such fact is determined. Department TDHCA shall terminate this contract Contract and will not be liable for failure to make payments to the Subrecipient under this contractContract.
2. The Department TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient, or any portion thereof, which has been paid to the Subrecipient or is subject to payment to the Subrecipient, or has been reimbursed to the Subrecipient or is subject to reimbursement to the Subrecipient by any source other than the Department TDHCA or the Subrecipient.
3. The Department TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient which are not allowable costs, as set forth in Section 6 (A) of this contractContract.
4. The Department TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient or for any performances rendered by the Subrecipient which are not strictly in accordance with the terms of this contractContract, including the terms of Exhibit A, Exhibit B, Exhibit C, and Exhibit D of this contractthe exhibits described in Section 3.
5. The Department TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient in the performance of this contract Contract which have not been billed to the Department TDHCA by the Subrecipient within sixty (60) days following termination of this contract after the Contract Period unless otherwise provided for in the Certificate of Expenditures Project Completion Report referred to in Section 8 (C) of this contractContract.
6. The Department TDHCA shall not be liable for costs incurred or performances rendered by the Subrecipient before commencement of this contract the Contract Period, after the Contract Period, or after if terminated early, upon termination of this contractContract, unless the Subrecipient receives written approval from the Department TDHCA and such costs they are specifically identified in Exhibit A, Performance Statement and Exhibit B, Budget, of this contract and are undertaken in accordance with the requirements of 24 CFR Part 570, Subpart I and 24 CFR Part 58Contract.
7. Except for costs reserved in accordance with Section 25 of this contract, the Department TDHCA shall not be liable for costs incurred and reserved on the Certificate of Expenditure Project Completion Report if such costs are not billed to the Department TDHCA within ninety (90) days after the contractContract’s termination date. An exception will be made for the reserved funds for the ▇▇▇▇▇ ▇% administrative drawdown for programmatic closure. Audit funds reserved on the Certificate of Expenditure Project Completion Report eligible for reimbursement under the provisions of Section 19 of this contract Contract shall be billed to the Department TDHCA within nine twelve months after the end of the Subrecipient’s fiscal year that follows the termination date of this contractContract. The Department TDHCA shall deobligate all reserved funds not requested under this subsection.
8. The Department shall not be obligated to pay for any expenses of the Subrecipient under this Contract that HUD determines are not reimbursable with federal grant funds. Should the Subrecipient receive any federal grant funds from the Department that HUD determines at any time are not subject to payment with federal grant funds, the Subrecipient shall refund to the Department any and all such amounts that have been paid by the Department to the Subrecipient.
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