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<br /> �" ""�'` a to the Authori all direct costs incurred or to be incuned by the Aut�ty�inic��tn8g�is
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<br /> Agreement to be duly recorded (or the terms hereof to be incorporated into a desd to be duly
<br /> recorded) in the office of public records in the County where the Project is locat�d as an _- _
<br /> encumbrance upon the Project Site and the Authority agrees to deliver to the Owner a copy of _
<br /> the fully recorded document. -_
<br /> Section 8. Un�formity; Common Plan. The provisions hereof shall apply uniformty to ��'
<br /> ,. the entire Projeet to establish and carry out a common plan for the use. development, and =__
<br /> improvement of the Project Site. " _
<br /> Section 9. Remedies;Enjorceab�lity. In the event of a violation or attempted violation "
<br /> of any of the provisions hereof, any one or more of the following may institute and prosecute
<br /> � any proceeding at law or in equity to abate, prevent or enjoin any such violation or attempted �;�
<br /> violation, or to recover monetary damages caused by such violation or attempted violation: the _
<br /> . � Authority or any governmental entity succeeding to the Authoriry's functions or any individual �
<br /> e who meets the income limitation applicable under Section 42 of the Code(whether prospective, �?
<br /> present or former occupant). The provisions hereof are imposed upon and made applicable to -.
<br /> �" the Project and shall run with the land and shall be enforceable against the Owner and each —
<br />- � • -- purchaser, grantee, owner or Iessee oi ihc FrujCCt ui any �ortion tttereof ar ini�r�st thcrcin, ai -
<br /> any time and from time to time, and the respective heirs, legal representatives, successors and ---
<br /> " assigns of the Owner and each such purchaser, grantee,owner or lessee. No delay in enforcing
<br /> , the provisions hereof as to any breach or violation shall impair, damage or waive the right of _ ._.__ _
<br /> any party entitled to enforce the same or obtain relief against or recover for the continuation or �
<br /> � repetition of such breach or violation of any similar breach or violatiun thereof at any later time
<br /> � or times. In addition, if any violation of this Agreement has not been corrected on a timely .
<br /> � � basis, the Authority may impose quarterly reporting responsibilities pertaining to such matters ��`�
<br /> � , as the Authority deems reasonable upon the Owner. Failure by an Owner to comply with any =—
<br /> � �•� such reporting responsibilities shall constitute a violation of this Agreement. _
<br /> �,,
<br /> `�, Section 10. Amendment; TerminaHon. The provisions hereof shall not be amended, �
<br /> � � revised or terminated(except as provided in Section 5 of this Agreement)prior to the stated term -._
<br /> �. hereof except by an instrument in writing duly executed by the Authority and the Owner (or its �`- —
<br /> �, successors in title)and duly recorded. 'fhe Authority's consent to any such amendment, revision
<br /> T� or termination, other than a termination pursuant to Section 5 of this Agreement, shall be given =
<br /> ` only if (a) there shall be attached to the document evidencing such amendment, revision or _
<br /> � termination an opinion of Owner's counsel satisfactory to the Authority that such amendment, �:,�,.__
<br /> ' revision ar termination will not result in noncompliance of the Project or the Owner with - ---
<br /> � Section 42 of the Code or (b) evidence satisfactory to the Authoriry has been filed with said r�,�ory;=
<br /> Authority demonstrating that there has occurred an involuntary noncompliance caused by fire, `��`?":�'=`
<br /> . seizure, requisition, change in federal law, action of a federal agency which prevents the ��RF�_
<br /> Authority from enforcing this Agreement or condemnation or similar event. Notwithstanding }
<br /> the foregoing, this Agreement shall not terminate by reason of the aforementioned foreclosure, � : .
<br /> transfer of title by deed in lieu of foreclosure or other similar event or if the Owner or any
<br /> Related Person or any person with whom the Owner has had family or business ties obtains
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