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202403568 attempting to enforce this Agreement, including, but not limited to (a) in the event that the various reports are not submitted as required hereunder and the Authority conducts an on-site inspection of the Owner's book and records and/or (b) following any default on 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 which may be incurred in connection therewith; and/or (c) all costs, fees and expenses which may be incurred in connection with any interpretation of or amendment to this Agreement or otherwise by the Authority at the request of the Owner (including, but not limited to, the reasonable fees and expenses of the Authority's counsel in connection with any opinion to be rendered hereunder). The Owner agrees to release the Authority from any claim, loss, demand or judgment as a result of the allocation of tax credit dollars to the Project or the recapture of same by the IRS and to indemnify the Authority for any claim, loss, demand or judgment against the Authority as the result of an allocation of LIHTCs or AHTCs to the Owner related to the Project or the recapture of same by the IRS or the State of Nebraska. Section 13. Right of First Refusal. If the Summary Page to this Agreement indicates that the Owner has agreed to provide a right of first refusal to a non-profit entity (the "Right of First Refusal"), the Owner agrees and represents the following: (a) the representations made by the Owner in connection with the submission of the Application and Final Cost Certification regarding the Right of First Refusal are hereby ratified in their entirety and the materials submitted with the Application and Final Cost Certification regarding the Right of First Refusal remain true and correct. (b) In the event the non-profit entity designated by the Owner ceases to exist, an alternative non-profit entity shall be proposed by the Owner with respect to the Right of First Refusal. Such alternative non-profit entity must, at a minimum, meet the same requirements set forth in the Application with respect to the non-profit entity being granted the Right of First Refusal (including that such non-profit entity have an organizational purpose that includes the development, ownership or operation of affordable housing for low income persons and families), must meet any additional requirements of the Code and must be acceptable to, and approved in writing by, the Authority. Section 14. Sale, Transfer or Other Disposition of the Project. (a) Any transfer, sale or other disposal by the Owner of the Project requires the prior written consent of the Authority and payment of the fee set forth in the 19 Final 12/21