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99 �Q � 8 � g (g) The Borrower will maintain complete and accurate records pertaining to the occupancy of the Dwelling Units by Low Income Tenants, Qualified LIHTC Tenants and Moderate Income Tenants and will permit any duly authorized representative of the Issuer, the Trustee, the Department of the Treasury or the Internal Revenue Service to inspect the books and records of the Borrower pertaining to the Project, including those records pertaining to the occupancy of the Dwelling Units. The Issuer shall have the right to perform an on-site inspection of the Project throughout the Qualified Project Period(Bonds)and the Qualified Project Period(LIH'TC), in addition to the requirement that the Borrower submit to the Issuer information on tenant income,supporting documentation and rent for each Low Incpme Unit, Qualified LIHTC Unit and Moderate Income Unit as described herein. (h) The Borrower will prepare and submit to the Issuer and the Trustee (i) not later than January 15 of each year following the first year in which 10% of the D��velling Units in the Project are occupied, until the end of the Qualified Project Period (Bonds), a Certificate of Continuing Program Compliance (Bonds) executed by the Borrower stating the percentage of the Dwelling Units of the Project which were occupied or deemed occupied, pursuant to paragraphs (b) and (c) of this Section 4, by Low Income Tenants during such period and(ii)not later than January 15 of each year following the first year in which 10%of the Dwelling Units in the Project are occupied, until the end of the Qualified Project Period(LIHTC),a Certificate of Continuing Program Compliance(LIHTC)(a copy of the Form 8609 Schedule A Annual Statement and the Annual Tax Credit Summary Report (the form of which is attached hereto as Exhibit G)), both executed by the Borrower and a statement including the number of Dwelling Units of the Project which, as of the first date of each calendar year, were occupied by Qualified LIHTC Tenants (or were deemed to be occupied by Qualified LIHTC Tenants as provided in subparagraph(d)above for all or part of such period), together with copies of annual Income Certifications (and supporting documentation) collected by the Borrower and not previously submitted and (iii) in each case,a certification to the effect that(A)either(x)no unremedied default has occurred under this Regulatory Agreement or(y)a default has occurred,in which event the certificate shall describe the nature of the default in detail and set forth the measures being taken by the Borrower to remedy such default; and (B) that, to the knowledge of the Borrower, no Determination of Taxability has occurred,or if a Determination of Taxability has occurred, setting forth all material facts relating thereto. The Borrower will immediately notify the Issuer if at any time the Dwelling Units in the Project are not occupied or available for occupancy as provided above. (i) On or before each February 15 during the Qualified Project Period (Bonds) the Borrower will submit to the Issuer a draft of the completed Internal Revenue Code Form 8703 or such other annual certification required by the Code to be submitted to the Secretary of the Treasury as to whether the Project continues to meet the requirements of Section 142(d)ofthe Code. On or before each March 31 during the Qualified Project Period (Bonds) the Borrower will submit such completed form to the Secretary of the Treasury, regardless of whether or not the Issuer has responded to such draft. 16