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<br />200702327 <br /> <br />5 <br /> <br />or Low Income Tenants shall have substantially the same equipment, amenItIes and <br />facilities and shall be of substantially the same quality and type of construction as the other <br />Units. <br /> <br />9. Civil Rights Requirements. The Owner will comply with the provisions of any <br />applicable federal, state or local law prohibiting discrimination in housing on the basis of <br />race, color, religion, sex, national origin, handicap or familial status, including but not <br />limited to: Title VI of the Civil Rights Act of 1964 (Public Law 90-284, 82 Stat. 73), the <br />Fair Housing Act, Executive Order 11063, and all requirements imposed by or pursuant to <br />the regulations of HUD implementing these authorities, including, but not limited to, 24 <br />CFR Parts 1, 100, 107, and 110, and Subparts I and M of Part 200. <br /> <br />10. Housing Standards. The Owner agrees that, throughout the Term, it shall (a) <br />maintain the Project in good repair and condition in accordance with applicable local codes <br />and the Uniform Physical Condition Standards set forth in 24 CFR Part 5, Subpart G as <br />amended; (b) maintain and operate the Units and related facilities to provide decent, safe <br />and sanitary housing, including the provision of all services, maintenance and utilities; and <br />(c) comply with the lead-based paint regulations set forth in 24 CFR Part 35, as amended. If <br />the Secretary determines that the Owner is not fully satisfying one or more of the foregoing <br />obligations, the Secretary shall have the right to impose any remedies, administrative <br />actions and/or sanctions provided under or authorized by applicable law and regulations, <br />including without limitation as provided under 24 CFR Part 24. <br /> <br />11. Violations; Secretary's Remedies. If the Secretary determines that the Owner <br />has violated any of the terms of this Agreement, including, but not limited to, failure to <br />comply with any of the requirements imposed under Section 10 above, the Secretary shall <br />notify the Owner of its determination and the Owner shall have ninety (90) calendar days <br />after receipt of such notification in which to cure the violation. Promptly following the <br />expiration of the foregoing ninety (90) day period, the Secretary shall reinspect the Project <br />and/or take other investigative steps as it deems necessary in order to ensure compliance. <br />The failure to cure any violation to the Secretary's satisfaction within such ninety (90) day <br />period shall constitute a covenant default under the Regulatory Agreement for Projects with <br />Mortgage Restructuring Mortgages in the Mark-to-Market Program, which may result in the <br />acceleration of the Mortgage Restructuring Note that is held by the Secretary and the <br />Mortgage Restructuring Mortgage secured by the Project, payment of relocation expenses to <br />tenants admitted to the Project in violation of the Affordability Requirement; and, the <br />imposition of any other remedies, administrative actions and/or sanctions provided under or <br />authorized by applicable law and regulations, including those provided under 24 CFR Part <br />24. The parties further agree that upon any default under this Agreement, the Secretary may <br />apply to any court, state or federal, for specific performance of this Agreement, for an <br />injunction against violation of this Agreement or for such other equitable relief as may be <br /> <br />M2M Use Agmt 09-15-04 <br />