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SECTION 21. SPECIAL CONDITIONS A. Department shall not release any funds for any costs incurred by Contractor under this contract until Department has received certification from Contractor that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of and accounting for funds provided under this contract. Department shall specify the content and form of such certification. B. Department shall not be liable to Contractor for any costs incurred by Contractor under this contract until Department receives a properly completed Depository/Authorized Signators Form, as specified by Department, from Contractor. C Contractor shall submit to Department a copy of its executed loan agreement(s) or contract(s) with the private firm(s) involved in the project funded under this contract prior to Department's release of project funds for such project. Such document{s} must detail the loan terms and conditions, including the following: (1) the loan amount{s) and interest rate{s); (2) the amortization schedule(s}; (3) the repayment schedule(s) including the date that the loan repayments from the firm to Contractor will begin; (4) Contractor's security/lien position on the loan; (5) the details of the loan servicing provisions, i.e., who will oversee it; (6) types of positions, number, and wage scales of all permanent positions to be created/retained as a result of this project, including specifics on those jobs filled/to be filled by low and moderate income persons; (7) a hiring plan that includes methods of identifying and training potentia'l low/moderate income job applicants; and (8) any other relevant details or special conditions placed on the loan. D. Contractor shall ensure that each owner of a business assisted with funds provided under this contract executes an agreement with Contractor to be jointly and severally liable for the amount of funds provided to such business under this contract in the event the business is dissolved, files under the federal bankruptcy code, or otherwise ceases to be a going concern. Contractor shall submit copies of such personal guarantees to Department prior to Department's release of project funds for such project. E. In the event Contractor fails to satisfy any special condition of this contract, fails to implement the project described in Exhibit A, Performance Statement, of this contract, including ensuring the creation or retention of the number of permanent jobs specified therein, or fails to comply with any provision of this contract, in addition to the remedies specified elsewhere in this contract, Contractor may be liable to Department for an amount not to exceed Department's maximum obligation under this contract, and may be barred from applying for or receiving additional Texas Community Development Program contracts until repayment to Department is made and any other compliance or audit finding is resolved. F. Contractor shall submit a copy or copies of the registered lien or liens on property associated with funds disbursed from this contract. Such documents shall be submitted within one (1) month after funds are disbursed from this contract. Contractor shall secure a third lien position on the real estate and improvements thereon described in its application to Department and shall submit a copy of the lien to the Department within thirty (3D) days of the closing of the loan. Page 12 of 14 Pages