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202403560 <br />Authority's qualified allocation plan related to the LIHTC and the AHTC. Such <br />notice of proposed sale, transfer or disposition shall be provided by the <br />Owner to the Authority at least 60 days prior to the date of the proposed sale, <br />transfer or disposition of the Project. <br />(b) Upon any such transfer, sale or other disposal of the development, any <br />existing right of the Owner to request, in accordance with Section 42(h)(6) of <br />the Code, that the Authority assist in procuring a qualified contract for the <br />acquisition of the Project, shall terminate with respect to the Project as of the <br />date of such transfer, sale or disposition of the Project. Such termination of <br />the right to proceed through the qualified contract process shall be binding <br />on all subsequent owners of the Project. No transferee/subsequent owner of <br />the Project shall have any right to request a qualified contract pursuant to <br />Section 42(h)(6) of the Code. <br />Section 15. Severability. The invalidity of any clause, part or provision of this <br />Agreement shall not affect the validity of the remaining portions thereof. <br />Section 16. Notices. All notices to be given pursuant to this Agreement shall <br />be in writing and shall be deemed given when mailed by certified or registered mail, <br />return receipt requested, to the parties hereto at the addresses set forth below or <br />to such other place, or in such other manner, as a party may from time to time <br />designate in writing: <br />Owner: To the name and address set forth on the Summary Page <br />hereof. <br />Authority: Nebraska Investment Finance Authority <br />Suite 200 <br />1230 0 Street <br />Lincoln, NE 68508 <br />Attention: Executive Director <br />Section 17. Governing Law. This Agreement shall be governed by the laws <br />of the State of Nebraska. <br />Section 18. Recording and Filing. Upon execution and delivery by the <br />parties hereto, the Owner shall cause this Agreement and all amendments and <br />supplements hereto to be duly recorded in the office of public records in the County <br />where the Project is located as an encumbrance upon the Project Site and provide a <br />copy to the Authority. <br />20 <br />Final 12/21 <br />