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20~00~0~0 5 since the injury to the Secretary arising from a violation under any of the terms of this Agreement would be irreparable and the amount of damage would be difficult to ascertain. 9. Reports. The Owner shall pravide the Secretary an annual financial statement in compliance with 24 CFR Part S, Subpart H, Uniform Financial Reporting Standards. The Owner will provide the Secretary with an annual certification that 1) the unit meets HUD's physical inspection standards contained in 24 CFR Part 5, Subpart G, Physical Condition Standards and Inspection Requirements, 2) family income meets the income restrictions as set out in this Agreement, 3) eligible families are paying rent for the units that is no more than 30% of SO% of area median income; and 4) the Owner is operating and maintaining the Project in accordance with the Green Retrofit Program Operations & Maintenance Plan dated March 24, 2010, as may be revised. A supplemental certification will be provided when a family moves or a new unit is substituted. An event of default by the owner will include any of the following: a. Failure to provide an annual certification as required by the above paragraph. b. Failure to provide a supplemental certification as required by the abave paragraph. c. Failure to submit the annual report as required by the above paragraph, or submission of an annual report that contains inaccurate information. d. Failure to charge income eligible residcnts occupying affordable hausing units an amount that is within the monthly affordable rent limits. e . Failure to operate and maintain the Project in accordance with the Green Retrofit Program Operations & Maintenance Plan dated March 24, 2010, as maybe rcviscd. Upon an event of default and the owner's failure to take corrective action to the Secretary's satisfaction, the Owner agrees to pravide the Secretary with liquidated damages. The liquidated damages shall be in an amount no less than $1,000 per violation per unit. Such liquidated damages shall be levied every three months commencing with the end of the corrective period until compliance is achieved. In the event of a default under part d, the liquidated damages will be calculated monthly and will be equal to the amount by which the rent actually charged in any month for any alfordable housing unit exceeds the monthly affordable housing rent for that unit. Form HUD-93142c-GRP 11/2009