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<br /> 4. Contractor shall submit the report of such audit to Department <br /> no later than one hundred and twenty (120) days after the termina- <br /> tion of this contract. Audits performed under Subsection A of this <br /> Section 20 are subject to review and resolution by Department or <br /> its authorized representative. <br />B. Notwithstanding Subsection A of this Section 20, Department reserves the <br />right to conduct an annual financial and compliance audit of funds received and <br />performances rendered under this contract. Contractor agrees to permit <br />Department or its authorized representative to audit Contractor's records and <br />to obtain any documents, materials, or information necessary to facilitate such <br />audit. <br />C. Contractor understands and agrees that it shall be liable to Department for <br />any costs disallowed pursuant to financial and compliance audit(s) of funds <br />received under this contract. Contractor further understands and agrees that <br />reimbursement to Department of such disallowed costs shall be paid by <br />Contractor from funds which were not provided or otherwise made available to <br />Contractor under this contract. <br />D. Contractor shall take such action to facilitate the performance of such <br />audit or audits conducted pursuant to this Section 20 as Department may require <br />of Contractor. <br />SECTION 21. SPECIAL CONDITIONS <br />A. Department shall not be liable to Contractor for any costs incurred by <br />Contractor for any activity or project funded under this contract which <br />requires a release of funds and approval of related certification by Department <br />pursuant to Section 5304(f) of the Act and the regulations promulgated there- <br />under at 24 C.F.R. Part 58 (April 12, 1982) until such release is issued in <br />writing by Department and Department has approved the related certification. <br />B. Department shall not be liable to Contractor for any costs incurred by <br />Contractor under this contract until Department has received certification from <br />Contractor that its fiscal control and fund accounting procedures are adequate <br />to assure the proper disbursal of and accounting for funds provided under this <br />contract. Department shall specify the content and form of such <br />certification. <br />C. Contractor shall provide Department with documentation that it has the <br />legal capacity to assume responsibilities under Section 5304(f) of Title Iof <br />the Housing and Community Development Act of 1974, as amended. Contractor <br />shall prepare a written Environmental Assessment on its activities in <br />accordance with 24 C.F.R. Part 58, Subpart F. When the Environmental <br />Assessment is completed, Contractor must follow one of the following two (2) <br />procedures. The first is a Finding of Significant Impact, in which the Request <br />for Release of Funds for the project is an action which may significantly <br />affect the quality of the human environment. If this is the case, Contractor <br />must then prepare an Environmental Impact Statement in accordance with Subpart <br />H or Subpart I of 24 C.F.R. Part 58. The second and more common procedure <br />must be followed for all projects not requiring an Environmental Impact <br />Statement. Contractor in this instance must publish, in the manner prescribed <br />in 24 C.F.R. Sections 58.43 and 58.44, a combined legal notice in a single <br />publication: A Finding of No Significant Impact, and a Notice of Intent to <br /> PAGE 9 OF 10 <br />