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200512606 (1) on the date such building is acquired by foreclosure or instrument in lieu of foreclosure (including a deed of trust); or (2) if the Owner has properly requested in accordance with Code Section 42(h)(6) that the Authority assist in procuring a qualified contract for the acquisition of the low - income portion of such building and the Authority is unable to present a qualified contract one year after the date the written request was submitted to the Authority. The Owner hereby agrees that it will not request the Authority's assistance in procuring a qualified contract prior to the expiration of the Required Number of Years set forth on the forgoing Summary Page. In the event foreclosure proceedings are initiated, the Authority shall receive notice of such foreclosure no less than 15 days prior to such foreclosure. (c) Notwithstanding subsection (b) above, the Code Section 42 rent requirements shall continue for a period of three years following the termination of this Agreement. During such three -year period, the Owner shall not evict or terminate the tenancy of an existing tenant of any low - income unit other than for good cause and shall not increase the gross rent above the maximum allowed under Section 42 of the Code with respect to such low - income unit. (d) If the Project experiences financial trouble it can request a waiver of the applicable rent restriction stated on the summary page (ii) of this document. The right to grant a rent restriction waiver is vested in the Executive Director of the Authority. A waiver will be based on the written evidence supplied by the owner which is evaluated and certified by an independent third -party CPA. The Authority may waive or adjust the specified rent restriction for a period not to exceed 36 months. After 30 months, a review of the current evidence will be conducted to determine if the waiver should be extended. to: Conditions justifying a waiver of the rent restriction include, but are not limited (l) Extraordinary changes in operating expenses; (2) Capital requirements necessary to maintain a safe, sanitary unit, suitable for occupancy; and (3) Lender originated changes to financial conditions and debt arrangement that substantially impacts debt service coverage ratios. Any dispute of the waiver decision by the Executive Director of the Authority can be appealed and settled by arbitration. The arbitration board shall consist of the following mutually acceptable representatives: (1) A representative selected by the Executive Director of the Authority; (2) A representative selected by the Owner of the Project; and 9 4924- 0923.5200,1