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�0�106264 right, title or interest therein. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof ar interest therein shall contain an express provision making such conveyance subject to the covenants, restrictions, 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, regazdless of whether or not such covenants aze set forth or incorporated by reference in such contract, deed or other instrument. Section 10. Uniformity; Common Plan. The provisions hereof shall apply uniformly to the entire Project to esta.blish and carry out a common plan for the use, development, and improvernent of the Project Site. Section 11. Remedies; Enforceability. In the event of a violation or atternpted violation of any of the provisions hereof, any one or more of the following may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation or attempted violation or to recover monetary damages caused by such violation or attempted violation or to otherwise enforce any provision hereof: the Authority or any governmental entity succeeding to the Authority's functions or any individual who meets the income lirnitation applicable under Section 42 of the Code (whether prospective, present or former 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 portion thereof or interest therein, at any time and from tirne to tirne, and the respective heirs, legal representatives, successors and assigns of the Owner and each such purchaser, grantee, owner or lessee. No delay in enforcing the provisions hereof as to any breach or violation sha11 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 of 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 corrected on a timely basis, the Authority may impose quarterly reporting responsibilities pertaining to such matters, as the Authority deems reasonable upon the Qwner. Failure by the Owner to comply with any such reporting responsibilities shall constitute a violation of this Agreement. Section 12. Amendment; Termination. Except as set forth in Section 2(e), the provisions hereaf shall not be amended, revised or terminated (except as provided in Section 5 of this Agreement) prior to the stated term hereof except by an instxument in writing duly executed by the Authority and the Owner (or its successors in title} and duly recorded. The Authority's consent to any such amendment, revision or termination, other than a termination pursuant to Section 5 of this Agreement, shall be given only if (a) there shall be attached to the document evidencing such amendment, revision or termination an opinion of the Owner's counsel satisfactory to the Authority that such amendment, revision or termination will not result in noncompliance of the Project or the Owner with Section 42 of the Code or (b) evidence satisfactory to the Authority has been filed with said Authority demonstrating that there has occurred an involuntary noncompliance caused by fire, seizure, requisition, change in federal law, actian of a federal agency which prevents the Authority from enforcing this Agreement or condemnation or similar event. Notwithstanding the foregoing, this Ageement shall not terminate by reason of the aforementioned foreclosure, transfer of title by deed in lieu of foreclosure or other similar event, if the Owner or any Related Person or any person with whom 4840-0QS2-9929.1 15