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, . 75l3 C. Ncw\thstandinÇ} the previsions of Section 5 (A) of this contract. it is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory performance of its obligations under this contract. D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS. COST PRINCIPLES. AND PROGRAM INCOME A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with the Regulations and, for matters not addressed therein, with the Office of Management and Budget (OMB) Circular A-102, as revised January 1981, in performing this contract. The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with OMB Circular A-87, as supplemented by the rules promulgated by the Office of the Governor under the Uniform Grant and Contract Management Act of 1981 (TEX.REV.CIV.STAT.ANN.art.4413 (32g).), and this contract. B. Contractor shall comply with the standards set forth in Section 570.489(e) of the Regulations to account for program income related to activities financed in whole or in part with funds provided under this contract. Program income is defined as the gross income received by Contractor that was generated from the use of CDBG funds. . 1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this contract, and Contractor shall provide reports of program income to Department with each form submitted by Contractor in accordance with Section 5 of this contract, and at the termination of this contract. Contractor is required to report the amount of program income recaptured to the Department with updates concerning the status of outstanding loans or leases, including but not limited to payments received and amendments to the original loan or lease agreement, as required by this contract. 2. Contractor hereby agrees not to participate in program income recapture and understands that program income earned by Contractor from this contract shall be utilized by Department in a statewide revolving loan fund for the Department to fund other eligible economic development projects. Program income earned by Contractor from this contract shall be sent to Department by Contractor within ten days after receipt by Contractor. By agreeing to this measure, Contractor will be eligible to apply for as many Texas Capital Fund awards during the 1993 Texas Capital Fund program year as it has eligible projects This determination must be made at the time of the original award and cannot be changed with subsequent awards. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this contract. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this contract. Contractor shall retain such records, and any supporting documentation, for the greater of three years from closeout of this contract or the period required by other applicable laws and regulations as described in the Regulations. Page 3 of 15