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�0�106264 <br />the Owner has had family or business ties obta.ins ownership interest in the Project for federal tax <br />purposes during the period in which the restrictions of this Agreement are or would be in effect. <br />Section 13. No Conflict With Other pocuments. The Owner represents, warrants and <br />covenants that it has not executed and will not execute any other agreement with provisions <br />contradictory to, or in opposition to, the provisions hereof and that, in any event, the <br />requirements of this Agreement are paramount and controlling as to the rights and obligations <br />herein set forth and supersede any other requirements in conflict herein. <br />SecNon 14. Fees, Release and Indemnificatian. The Owner agrees to pay to the <br />Authority as an application fee a nonrefundable fee, the greater of 1% of the annual tax credit <br />requested or $500. The Ovcmer agrees to pay the Authority as a reservation/commitment fee the <br />greater of 2% of the annual tax credit amount received or $500. In addition, the Owner agrees to <br />pay the Authority an allocation fee of 2% of the annual tax credit allocated and an annual fee <br />equal to the greater of 2% of the annual tax credit allocated or $500. Any extraordinary legal <br />fees incurred by the Authority with respect ta the Project will be paid by the Owner. The Owner <br />hereby agrees to pay, indemnify and hold the Authority harmless from any and all costs, <br />expenses and fees, including all reasonable attomeys' fees which may be incurred by the <br />Authority in enforcing or attempting to enforce this Agreement, including, but not limited to <br />(a) in the event that the various reports are not submitted as required hereunder and the Authority <br />conducts an on-site inspection of the Owner's book and records and (b) following any default on <br />the part of the Owner hereunder or its successors, whether the same shall be enforced by suit or <br />otherwise, together with all costs, fees and expenses which may be incurred in connection with <br />any amendrnent to this Agreement or otherwise by the Authority at the request of the Owner <br />(including, but not limited to, the reasonable fees and expenses of the Authority's counsel in <br />connection with any opinion to be rendered hereunder). The Owner agrees to release the <br />Authority from any claim, loss, demand or judgment as a result of the allocation of taac credit <br />dollars to the Project or the recapture of same by the IltS, and to indemnify the Authority for any <br />clairn, loss, demand or judgment against the Authority as the result of an allocation of tax credit <br />dollars to the Project or the recapture of same by the Internal Revenue Service. <br />SecNon 15. Severa6ility. The invalidity of any clause, part or provision of this <br />Agreement shall not affect the validity of the remaining portions thereof. <br />Section 16. Notices. All notices to be given pursuant to this Agreement shall be in <br />writing and shall be deemed given when mailed by certified or registered mail, return receipt <br />requested, to the parties hereto at the addresses set forth below, or to such other place as a party <br />may from time to time designate in writing: <br />4840-Q052-9929.1 16 <br />