Terms & Conditions
This Program Agreement (“Agreement”) of The Hope Foundation of the Mahoning Valley, Inc. (“Foundation”) is entered into by the Grantee for the explicit purpose(s) described in the Grantee’s application and further agrees and accepts the Terms and Conditions stated here within this Program Agreement.
This financial assistance is strictly to be used for the purpose described above in accordance with the approved eligible proposal. The program is subject for modification only by The Foundation’s prior written approval. The Grantee and any of their eligible unused portion of the expenses that were not utilized for the intended purpose of this Program Agreement shall be immediately returned to The Foundation of any unqualifying or unexpended funds:
At the end of the Assistance Period, or
If The Foundation determines that the Grantee has not performed in accordance with this Agreement and the approved funds.
Grantee shall indemnify, defend, and hold harmless the Foundation and its officers, directors, employees, agents, affiliates, and contractors from and against any and all claims, liabilities, damages, losses, expenses, demands, suits, and judgments, including without limitation reasonable attorneys’ fees and costs, arising from or relating to (a) Grantee’s performance of this Agreement or breach thereof or (b) the intentional misconduct or negligent acts or omissions of Grantee, its employees, agents, contractors, or consultants in connection with the performance of its obligations under this Agreement. This provision shall survive the termination of this Agreement.
Unless specifically authorized by the Foundation, expenses charged against this assistance program may not be incurred prior to the effective date of the grant or subsequent to the termination date and may be incurred only as necessary to carry out the purposes and activities of the approved program, assistance purpose, or project.
The Grantee is responsible for the expenditure of funds and for maintaining adequate supporting records consistent with generally accepted accounting practices. Likewise, this Agreement must be fully executed or otherwise digitally accepted before any funds shall be submitted to or paid for on behalf of the Grantee.
Unless otherwise stipulated in writing, this financial assistance is made with the understanding that the Foundation has no obligation to provide other or additional support to the Grantee.
This agreement shall be governed by and construed according to the laws of the State of Ohio, with jurisdiction being in the County of Mahoning without regard to any principles of conflict of laws.
Force Majeure. Nonperformance by the Foundation shall be excused or the time for performance extended, whichever may be necessary, to the extent that performance is rendered impossible by any act of God, strike, fire, flood, governmental acts, order or restrictions, or any other reason where failure to perform is beyond the reasonable control of the Foundation and not caused by the sole negligence of the Foundation.
Notwithstanding any provision in this Agreement to the contrary, the Foundation may, upon giving notice to Grantee, assign all or any part of its right, title, and interest in this Agreement. Grantee may not assign this Agreement, in whole or in part.
The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
This Agreement may be executed electronically or by one or more written counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Electronic Agreement to these terms and conditions are sufficient to make this Agreement effective on the day and year the election is made.
I certify that I have read these Terms and Conditions, as stated here within this Programs Agreement, and attest that all the information provided in the Grantee’s application is true and correct. I further understand that any falsification or misrepresentation made in respect to this Agreement and its Application, or any accompanying documents, are subject to the forfeiture of funds, including but not limited to any other forfeiture of goods and/or services presented by the foundation.
Created: November 3, 2022
