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201106807 not increase the gross rent above the maximum allowed under the Code Section 42 with respect to such Dwelling Unit (the "Vacancy Decontrol Rule"). (d) If the Project experiences fmancial trouble the Owner can request a waiver from the Authority of the applicable rent restrictions stated on the Summary Page of this Agreement. The right to grant a rent restriction waiver is vested in the Executive Director of the Authority. A waiver will be based on the written evidence supplied by the Owner which must be evaluated and certified by an independent third party CPA. The Authority may waive or adjust the rent restrictions stated on the Summary Page for a period not to exceed 36 months. After 30 months, a review by the Authority of the current evidence will be conducted to determine if the waiver should be extended. Conditions justifying a waiver of the rent restrictions includes but is not limited to the following: (i) Extraordinary changes in the operating expenses of the Project. (ii) Capital requirements that are necessary to maintain a safe, sanitary unit, suitable for occupancy. (iii) Project lender originates changes to fmancial conditions and debt arrangement that substantially impacts debt service coverage ratio of the Project Any dispute of the waiver decision by the Executive Director of the Authority can be appealed and settled by arbitration. The arbitration board shall consist of the following mutually acceptable representatives: (A) A representative selected by the Executive Director of the Authority; (B) A representative selected by the Owner of the Project; and (C) A representative from the American Arbitration Association (moderator or voting member). Under no circumstances shall the waiver process provide an opportunity for the Project to deviate from the rent restrictions stated on the Summary Page because of improved market conditions or for any reason other than an increase in the Project's county area median income, without the prior approval of the Executive Director of the Authority. Section 6. Compliance With Crown Program. The Owner hereby acknowledges that a material inducement for the Authority to enter into this Agreement was to provide a program to assist Qualified Tenants in moving from rented residences into home ownership by providing, among other things, educational, supportive and counseling services as more fully described on Exhibit E to the Property Management Agreement (the "Crown Program"). The Owner hereby covenants and agrees to ensure the provision of all such educational, supportive and counseling 4832-2986-0106.1 1 Q