Laserfiche WebLink
2010078b3 <br />(o) The Owner will develop and operate the Project in accordance with (i) the <br />applicable pr�visions of Section 42 of the Code, (ii) the tenns of this Agrcement, (iii) the <br />Program Requirements, (iv) all applicable federal, Statc, and local statutes, ntles and regulatians <br />with respect to the Project including, without limitation, the Fair Housing Act (42 U.S.C. 36U1, <br />et seq.), as amended, and (v) all applicable requirements of any Governmental Authorities having <br />jurisdiction over the Praject, <br />(p) The Owner sha11 not sell, lease (other than hy residential leases in the ordinary <br />course of business), transfer or atherwise dispose of any material portion of the Project, without <br />the prior written consent �f the Authority provided transfers of interest in the pwner's investor <br />member as permitted puxsuant to the Owner's First Amended and Restated �perating Agreement <br />shall not be pmhibited pursuant to this Agreement or other related �ocuments. <br />Section 7'.�. Cove�nant of Comntetion <br />The Owncr unconditionally covenants and warrants that it shall meet the Constniction <br />Completion Date. The Owner shali cause the Project to satisfy all construction relat�d <br />requirements of the Mortgage Loans, including any requirement related to completion of the <br />Project. The Owner shall pay all casts to complete the construction of the Project in accorda�nce <br />with the Plans and Specifications when and as incurred, r�gazdless of whether such costs exceed <br />the amounts anticipated for such items in the Budget or the sources otherwis� available to pay <br />such costs (in either such event, saaid costs being referred tn as "Excess Deveiopment Costs"). <br />The �wtier shall pay any Excess Development Costs by the earliest of (a) the date required to <br />avoid a default or penalties under the Mortgage Loans, (b) the date required to keep all sources <br />of fiznding for the Project "in balance," (c) the date required to keep all expenses without a <br />specific maturity date paid on a sixty (b4)-day curr�nt basis, or (d) such earlier date as may be sek <br />forth in this Agire�ment. <br />ARTICLE V II <br />BOOKS AND REPORTINC <br />Section 8.1. F`inanclal Status Reavrts <br />(a) The Owner shall maintain or cause to be maintained for the term of this <br />Agrce�nent a complete and accurate set of books and supparting docum�ntation of transactions <br />with respect to the conduct of the Qwner's business. The Authority shall have the right ta <br />examine the books of the Owner and all other records and infonmation cancerning the operation <br />of the Project from time to time withnut prior notice during regulac business hours provided that <br />such examination shall not unreasan►ably disrupt or interfere with the Owner's business or <br />operations. <br />(b) The Owner shall send to the Authority no later than twenty (20) calendar days <br />following the close of each Fiscal Quarter the following information (which need nnt be <br />audited): (i) a balance sheet as of the end of each Fiscal Quarter, (ii) a statement of income for <br />each such Fiscal Quarter, (iii) a statement of cash flows and (iv) (collectively, the "Quarterly <br />Financial Status Reports"). If the Quarterly Financial Status Reports are not delivered to the <br />Asset Manager when due hereunder, then the Owner shall be obli�at�d tv pay ta the Aukharity an <br />-15- <br />asas-233x-io9a.z <br />