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201008600 with the IRS a copy of IRS Form 8823, explaining the nature of the noncompliance and whether or not such noncornpliance has been corrected. Noncompliance includes, but is not limited to (1) failure to receive or failure to permit the Authority to inspect tenant income certifications, supparting documentation and rent records, (2) upon inspection, noncornpliance with provisions of Section 42 of the Code, and (3) any change in the applicable fraction or eligible basis that would result in a d�crease in the Qualified Basis. The Authority is authorized and entitled to do all acts necessary to comply with the monitoring and notification responsibilities set forth in Sectinn 42(m)(1)(B)(iii) of the Code and any Regulatians ar �ther interpretations thereof by the IRS or the courts. Section 7. Covenants Run With the Land. The Owner hereby declares its express intent that the covenants, restrictians, charges and easements set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors in title including any purchaser, grantee, owner or lessee of any portion of the Praject and any other person ar entity having any right, title or interest therein and upon the respective heirs, executors, administrators, devisees, successars and assigns of any purchaser, grantee, owner or lessee of any portion of the Praject and any other person or entity having any right, title or interest therein. Each and every contract, deed or other instrument hereafter executed covering or conveying the Proj�et or any portion thereof or interest tlaerein shall contain an express provision making such conveyance subject to the covenants, restrictians, charges and easements contained herein; provided, however, that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered and accepted subject to such covenants, regardl�ss of whether or not such covenants are set forth or inco�porated by r�f�rence in such contract, deed or other instrument. At the time of executing this Agreement, the Owner shall pay to the Autharity all direct costs incurred or to be incurred by the Authority in causing this Agreement to be duly recorded (or the terms h�reof ta be incorporated into a deed to be duly recorded) in the office of public recards in the County where the Project is located as an encumbrance upon the Praject Site and the Authority agrees to deliver to the Owner a copy of the fully rec�rded dacument. Section 8. Uniformity; Camman Plan. The provisions hereaf shall apply uniformly to the entire Project to establish and carry out a cornrnon plan for the use, development and improvement of the Project Site. Section 9. Remedies; Enforceability. In the event of a violation or attempted violation of any of the provisions hereof, any one or more of the following may institute and prasecute any proceeding at law or in equity to abate, pr�vent or enjoin any such violation or attempted violation, or to recaver monetary damages caused by such violation or attempted violation, the Authority ar any governmental entity succeeding to the Authority's functions or any individual who meets the income limitation applicable under Section 42 af the Code (whether prospective, present or farrner occupant). The provisions hereof are imposed upon and made applicable to the Project and shall run with the land and shall be enforceable against the Owner and each purchaser, grantee, owner or lessee of the Project or any partion thereof or interest therein, at any time and from time to time, and the respective heirs, legal representatives, successors and assigns af the Owner and each such purchaser, grantee, ownex or lessee. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the same or obtain relief against or recover for the continuation or repetition af such breach or violation of any similar breach or violation thereof at any later time or times. In addition, if any violation of this Agreement has not been coz on a timely basis, the Authority may impose quarterly reporting responsibilities pertaining to such matters as the