Housing Hope HCS-15-42-1213-198(1) 7/25/2016

1. Interest of Agency and Employees The Agency warrants that no person who presently exercises any functions or responsibilities in connection with the Project has any personal financial interest, direct or indirect, in the Loan Agreement. The Agency further represents and covenants that he/she/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his/her/its service hereunder. The Agency further covenants that in the performance of this contract no person having any conflicting interest shall be employed. Any interest on the part of the Agency or his/her/its employees must be disclosed in writing to the Agency or the County. 2. Covenant Against Contingent Fees The Agency warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or a bona fide established commercial or selling agency maintained by the Agency for the purpose of securing business. In the event of breach of this clause by the Agency, the Agency shall be required to annul this contract, without liability, or, in its discretion, to deduct from the contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. U. Conflict of Interest 1. Conflict of Interest in Procurement a. Applicability In the procurement of supplies, equipment, construction, and services by the Agency, the conflict of interest provisions in 24 CFR §§ 85.36 shall apply. In all cases not governed by 24 CFR § 85.36, the provisions of 24 CFR § 92.356 and this section shall apply. b. Conflicts Prohibited No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or Amended HOME Loan Agreement Housing Hope's Kennedy Court Improvement Project Page 16 of 53