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.•... .-..�.. .. �.r .1. . J.. ... . ' . . .. �� . .. . � ... • . . 1 . . �� .. � � � .� .. . �... ., .�31 `•C •. . . ��I 1.`��r.. ' ' • ' .�l•. ___ ___ - . � � " � �i.. .. . �� _ � .��. .' . . .`�'�� ( ' .. " � - . • . • :1 . ' ��r �1.�1'9"�� '',i .t:�;;_ � � �:�::: �,,,r,r.. ownership iuterest in the ProJect for federal tax purposes during the periact in wl�ich the .r�T ...- -•� restrlctians of this Agrecment are or would be in effect. -_� • -_�:.: Section I 1. No CoqJltct Wlth Other pocumtnts. The Own�r warrents that it has not �;•`;__ executed atxt wiU not execute any other agreement with pravisions contraciictory to, or in ��,�=- opposition to, the pravisions hereof and that, in any event, the cequirements of this Agreement :M1• are paramount and controlling as to the rights and obligations herein set forth and supersede any _ _ '` other requlrernents In conflict herein. _• � Section 12. Fees, Release asd Indemn�fication. The Owner agrees to pay the Authorjty - ;� . - { as an application fee a noraefundable fee, the greater of 1% of th� annual credit requestcd or _ - '` 5500. The Owner agrees to pay the Authority as a reservation/commitenent fee the greater of 2% of the annual credit amount received or $500. In addition, the Owner agrees to pay the ._ �, Authority an allocatton fee of 2% of the annual credit allocated and an annual fee equal to the greater of 2 ib of the annual credtt allocated or $500. Any extraordinary legal fees �ncurred by �.:. �� the Authority with respect to the Project wlll be paid by the Owner. The Owner hereby agrees , .f,, tv pay, indemntfy and hold the Author(ty harmless from any and aU costs, expenses and fees, including all reasonable attorneys' fees whlch may be Incuned by the Authority in Pnforcing or � attempting to enforce this Agreement, including, but not limit�d to (i) in the event that the -�-- various reports arc nui su�i,�zitted as �cqt�ir�c! hereun�er �� the Authorlty conducts an on-site - � inspectton of the Owner's boak and records and (ii)following any default nn the part of the _ � Owner hereunder or its successors, whether the same shall be enforced by suit or otherwise, ^ � � together with all costs, fees and expenses whtch may be incurred in connection with any � _� amendment to this Agreement or otherwlse by the Authority at the request of the Owner ` : (includin g, but not Iimlted to, the reasonable fees anci expenses of the Authority's counsei in ;�: connection with any opinion to be rendered hereunder). The Owner agrees to release t he « ; Authority from any claim, loss. demand or}udgment as a result of the allocation of tax credtt � dvllars to the ProJect or the recapture of same by the Internal Revenue Service, and to indemnify the Authority for any claim, loss, demand ar judgment agalnst the Authortty as the result of an - attocation of tax credit dollars to the Project or the recapture of same by the Internal Revemie „ Service. — �:., Scction 13. SevemMltty. The invalidity of any clause. part or provision of this = - Agreement shall not affect the validlty of the remaining portlons thereof. � - Section 14. Notices. All notices to be given pursuant to this Agreement shall be in � ;:- '� , writing and shall be dsemed given when mailed by certified or registered mail, return receipt _ requested,to the pattles hereto at the addresses set forth below, or to such other place as a party =- __._ � may from tirne to time designate tn writing: _ � Owner: to the name and address set forth on the Summary Page hereof. '�:',"•�; _�w . � .�.A t. � _ � OU59592l.1 12 � - - .-.� -' � �-- i ._.. _. ._... -- __ - ----�..--...�. . _. _.. ..__. . _. _.. _ ..--.. ._.. _ .. ._._. __._. .. ..__ ._