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201007637
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Last modified
1/11/2011 2:32:48 PM
Creation date
10/18/2010 2:48:20 PM
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DEEDS
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201007637
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201007�3� <br />such examination shall not unxeasonably disrupt or intexfere with the Owner's business or <br />operations. <br />(b) The Owner shall send to the Authority no later than tw�nty (20) calendar days <br />fallawing the close of each Fiscal Quarter the following inforn�ation (which need not be <br />audrted): (r) a balance sheeC as of the end of each F'iscal Quarter, (ii) a statement of income for <br />each such Fiscal Quarter, (iii) a statem�nt of cash flows and (iv} (coll�ctively, the "Quarterly <br />Financial Status Reports"). If the Quarterly �'inancial Status Reports are not delivered to the <br />Asset Manager wh�n due hereunder, then the Overner shall be obligated to pay ta the Autharity an, <br />arnount equal ta $140 per day for each day after the due date until such Quarterly Financial <br />Status Reparts are delivered. Failure ta deliver the Quarterly Financial Status Reports when due <br />hereunder, unless all arnounts due pursuant to the prior sentence have been paid, may also result <br />in the suspension af any further disbursements of the Subaward hereunder. <br />(c) An azurual pro farma operating budget shall be prepared by th� Owner and <br />furnished to the Ass�t Manager within thirty (3p) days prior to the beginning of each Fiscal Year. <br />(d) The Qwner sha11 submit ta the Asset Manager any other financial reports that the <br />Authority deems necessary to comply with Section 1602 of the Recavery Act and the Program <br />Requirements, as the same may be amended frozn time to tirne. <br />(e) In the event that the 4wner fails to submit to the Autharity in a tirraely and <br />satisfactory manner any report required by this Agreement, the Autharity may, in its sole <br />discretion, withhald any or all disbursements otherwise due or requested by the Qwner hereunder <br />until such time as the Owner fully cures or pexforms any and all delinquent reporting abligations. <br />Section 8.2. Compliance Morritorin Reqorts <br />(a) No later than six (d) rnonths before izaitial occupancy of the dwelling units is <br />scheduled to begin, the Qwner sha11 supply the Authority with a tirnetable of pre-opening <br />marketing activiti�s as well as expected lease-up acceptable to th� Authority, which acceptance <br />may not be unreasonably withheld. <br />(b) The Autharity reserves the right to carryout re�ular and periodic �eld inspections <br />to ensure cornpliance with the requirements of this Agreerr►ent and the Pro�raam Requirements. <br />Sectian 8.3. Pro'ect Performance Re orts <br />No later than five (5) calendar days fallowing the end of each Fiscal Quarter, <br />cammencing with first full Fiscal Quarter ending after the date hereof through the Construction <br />Completion Date, the Owner shall complete a"Project Performance Report" providing <br />information requiced by Treasury and deliver such report to the Authority in the form attached <br />hereto as Exhibit E . <br />-16- <br />4846-G923-13G7.3 <br />
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