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1) A disclosure of the nature of the conflict, accompanied by an assurance that <br /> there has been public disclosure of the conflict and a description of how the <br /> public disclosure was made; and <br /> 2) An opinion of the Agency's attorney that the interest for which the exception <br /> is sought would not violate state or local law. <br /> e. Factors to be Considered for Exceptions <br /> The factors to be considered by the City in determining whether to submit an <br /> exception request shall be the same as those considered by HUD in determining <br /> whether to grant a requested exception and are contained at 24 CFR § 92.356(e). <br /> 2. Conflict of Interest in HOME-Assisted Housing <br /> a. Applicability <br /> The Agency shall operate the Project consistent with the provisions of 24 CFR <br /> §92.356 regarding conflict of interest with respect to financial benefit or interest, or <br /> for immediate family members, including occupancy in HOME-assisted units. No <br /> officer, employee, agent or consultant of the Agency or immediate family member <br /> may occupy any HOME-assisted affordable housing unit. <br /> b. Exceptions <br /> Upon written request of the Agency, the City may grant an exception to the <br /> provisions of paragraph (a) of this section on a case-by-case basis when it <br /> determines the exception will serve to further the purposes of the HOME Program <br /> and the effective and efficient administration of the HOME-assisted project. <br /> c. Factors to be Considered for Exceptions <br /> The factors to be considered by the City in determining whether to grant a <br /> requested exception under paragraph (b) of this section are contained at 24 CFR <br /> § 92.356(f)(2). <br /> V. Certain Acts Prohibited <br /> The Agency shall not make any sale, encumbrance, assignment, or conveyance, or <br /> transfer in any other form, of the Property or Project or any part thereof or of any of its <br /> interest therein other than in accordance with the terms of this Loan Agreement. The <br /> Agency shall not, without the prior approval of the City: <br /> 1. Make any distribution not permitted by the terms of this Loan Agreement; <br /> 2. Assign or transfer any right to operate or manage the Project, except pursuant to the <br /> terms of this Loan Agreement; <br /> 3. After the construction of the Project, except with respect to replacements of personal <br /> property and fixtures for the normal operations of Project, remodel, remove, add to, <br /> Loan Agreement <br /> Cocoon House <br /> Page 14 of 51 <br />