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2o�oo7s�� (vii) After the first year of the Compliance Period, the Praject ceases to be a "qualified low�income hc�using project" (as defined in Section 4�2(g)(1) of the Code), (viii) The Subaward, or a portion thereof, has been determined by the Authority or the Treasury to have been expended in violation of the Program Requirements and such amount has not been repaid to the Authority as set forth in Section 2.1(c). (b) If a Recapture Event shall accur, the applicable portion of the Subaward disbursed to the Owner shall be subject to "recapture" in the atnounts set forth below (the "Recapture Amount"). (i) If the Recapture Event arises under Sectian 5. ](a)(vi) and (vii) abave, after allowing any perrnitted period far correcti�n, the Recapture Amount shall be equal to the full a.mount of the Subaward, less 6.67°/a for each year of the Compliance F'eriod in which a Recapture Event has not occurred; provided, however, that if the Owner restores (A) the percentage of Low-Income Units ta the Required Percentage and/or (B) the Project as a"quali�ed low�income housing project," as applicable, the Recapture Event and any Recapturc Amount may be waived by the Authority with respect to subsequent years in the Carnpliance Period in which the Project is in campliance, provided that such waiver is permitted under the Pragram Requirernents. (ii} If the Recapture Event arises under Sectian 6.1(a)(i) (ir), (iii), (iv), or (v) above, the Recaptwe Amnunt shall be an amount equal to the full amount of the Subaward disbursed ta the Owner under the terms of this Agreement. (iii) If the Recapture Event arises under Section 6,1(a)(viii) above, the Recapture Amount shall be an amaunt equal ta the arnaunt of the Subaward deterrrained to have been expended in vialation a�the Pragrarn Reauirements. (c) Tf a Recapture Event occurs, in addition to the Recapture Amount, the Owner will pay to the Authority upan demand an amount equal to the costs and fees incurred by the Authority in connectron wath such Recapture Event. Section 6.2, Entorcement (a) The Recapture Amount shall be due and payable ta the General Fund of Treasury and shall be deeined a debt owed to the Treasury, enforceable against any assets of the Ow��er. Such Recapture Amount shall bc secured and enforceable by the lien of the Recapture Deed of Trust against the Project in Favor af the Treasury, which lien may be enforced by the Authority on behalf of the Treasury, (b) [Intentionally Omitted]. 4$q6-6923-1367.3 ��