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202208480 <br />limited to (a) failure to receive or failure to permit the Authority to inspect tenant <br />income certifications, supporting documentation and/or rent records, (b) upon <br />inspection, noncompliance with provisions of Section 42 of the Code, and (c) any <br />change in the applicable fraction or eligible basis of the Project that would result in <br />a decrease in the Qualified Basis. <br />The Authority is authorized and entitled to do all acts necessary to comply <br />with the monitoring and notification responsibilities set forth in Section <br />42(m)(1)(B)(iii) of the Code and any Regulations or other interpretations thereof by <br />the IRS or the courts. <br />Section 7. Covenants Run With the Project Site. The Owner hereby <br />declares its express intent that the covenants, restrictions, charges and easements <br />set forth herein shall be deemed covenants running with the Project Site and shall <br />pass to and be binding upon the Owner's successors in title including any purchaser, <br />grantee, owner or lessee of any portion of the Project and any other person or entity <br />having any right, title or interest therein and upon the respective heirs, executors, <br />administrators, devisees, successors and assigns of any purchaser, grantee, owner <br />or lessee of any portion of the Project and any other person or entity having any <br />right, title or interest therein. Each and every contract, deed or other instrument <br />hereafter executed covering or conveying the Project or any portion thereof or <br />interest therein shall contain an express provision making such conveyance subject <br />to the covenants, restrictions, charges and easements contained herein; provided, <br />however, that any such contract, deed or other instrument shall conclusively be held <br />to have been executed, delivered and accepted subject to such covenants, <br />regardless of whether or not such covenants are set forth or incorporated by <br />reference in such contract, deed or other instrument. <br />Section 8. Uniformity; Common Plan. The provisions of this Agreement <br />shall apply uniformly to the entire Project to establish and carry out a common plan <br />for the use, development and improvement of the Project Site. <br />Section 9. Remedies; Enforceability. In the event of a violation or <br />attempted violation of any of the provisions of this Agreement, any one or more of <br />the following may institute and prosecute any proceeding at law or in equity to <br />abate, prevent or enjoin any such violation or attempted violation, or to recover <br />monetary damages caused by such violation or attempted violation: (a) the <br />Authority or any governmental entity succeeding to the Authority's functions, or (b) <br />any individual who meets the income limitation applicable under Section 42 of the <br />Code (whether prospective, present or former occupant). The provisions of this <br />17 <br />Final 12/21 <br />