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2o�oossoo <br />transfer. This provision shall not act to waive any other restriction on such sale, transfer <br />or exchange; <br />(�) that the Owner (or its property manager with respect to the Project) shall <br />attend in each year of the Qualified Project P�riod at least one of the property <br />managernenVcompliance monitoring sessions sponsored by the Authority; and <br />(p) for each year of the Qualified Project Period, the Owner will submit to the <br />Authority a copy of the Project's filed IRS Form 1065. <br />Section 4. Occupancy Restrictions. For the purpose of satisfying the requirements of <br />Section 42 of the Code, at least for the Qualified Project P�riad, the Owner hereby represents, <br />covenants and agrees as follows: <br />(a) throughout the Qualified Project Periad (excluding Dwelling Units not <br />previously occupied), at least the Applicable Set-Aside Percentage of the completed <br />Dwelling Units in the Project shall be both a Rent Restricted Unit and occupied solely by <br />Qualified Tenants, prior to the satisfaction of which na additional units shall be rented or <br />leased to any other tenants after initial rental occupancy oF Dwelling Units by Qualified <br />Tenants, as required by Section 42 of the Code. For purposes af satisfying the <br />requirement that not less than the Applicable Set-Aside Percentage of the Dwelling Units <br />be occupied by Qualified Tenants, no Qualified Tenant shall be denied continued <br />accupancy because, after admission, the Qualified Tenant's family income exceeds the <br />applicable qualifying incorne level set forth in the definition of "Qualified Tenant" <br />herein. The Owner shall at all times during the Qualified Project Period maintain the <br />percentage requirements of this Agreement by providing the n�xt available unit of <br />comparable or smaller size to Qualified Tenants as needed to achieve compliance with <br />the faregoing requirements. If necessary, the Owner shall refrain from renting Dwelling <br />Units in the Project ta persons other than Qualified Tenants in order to avoid vialating the <br />requirement that at all tirnes during the Qualified Project Period at least the Applicable <br />Set-Aside Percentage of the completed Dwelling Units in the Project shall be both a Rent <br />Restricted Unit and occupied by Qualified Tenants; <br />(b) to obtain and maintain on file from each Qualified Tenant residing in tkie <br />Project (which shall be obtained and updated each year during occupancy by such <br />tenant), a copy of such tenant's executed Certification of Tenant Eligibility and Income <br />Verification (attached hereta as Exhibit B or in such other form and manner as znay be <br />required by the applicable rules, regulations or policies now or hereafter promulgated by <br />the Authority, the Department of the Treasury ox the Internal Revenue Service (the <br />"IRS")), as well as supporting docurnentation, which is subject to independent <br />investigation and verification by the Authority and which shall be submitted to the <br />Autharity as set forth in (c) below; <br />(c) the Owner will immediately notify the Authority if at any time the <br />Dwelling Units in the Project are not occupied or available for occupancy as provided <br />above, and the Owner will prepare and submit ta the Authority, not later than January 15 <br />of each year following the first year of the credit period, a Certificate of C�ntinuing <br />Program Compliance (the form of which is attached hereto as Exhibit C) and an Annual <br />Tax Credit Summary Report (the form of which is attached hereto as Exhibit D), both <br />