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2.5 Relocation Prior to Commencement of Project. If relocation is required prior to the <br />completion of rehabilitation of the Project, Owner shall have the sole and exclusive responsibility <br />for providing relocation assistance and paying all relocation costs as may be required to comply <br />with applicable federal and state laws and regulations. In addition to any other indemnity provided <br />by Owner under this Agreement, Owner shall indemnify, defend (with counsel of City's choosing <br />and the consent of Owner, which shall not be unreasonably withheld, and which may be joint <br />defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, <br />officers, employees, representatives, volunteers and agents from any and all alleged or actual <br />claims, causes of action, liabilities, and damages from any third party for relocation assistance, <br />benefits and costs prior to the completion of the Project. <br />2.6 Mechanic's Liens; Indemnification. Owner shall take all actions reasonably <br />necessary to remove any future mechanic's liens or other similar liens (including design <br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor, <br />services, or materials supplied or claimed to have been supplied to Owner or caused by, at the <br />direction of, or on behalf of Owner. Prior to the recording of this Agreement (or memorandum <br />thereof) pursuant to Section 4.1 below, Owner shall provide evidence from the Title Company of <br />any new recordings against the Property or Project. City hereby reserves all rights to post notices <br />of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's <br />lien. In addition to any other indemnity provided by Owner under this Agreement, Owner shall <br />indemnify, defend (with counsel of City's choosing and the consent of Owner, which shall not be <br />unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's <br />and Owner's consent), and hold harmless City and all of its officials, officers, employees, <br />representatives, volunteers and agents from any and all alleged or actual claims, causes of action, <br />liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, <br />or materials supplied or claimed to have been supplied to Owner or caused by, at the direction of, <br />or on behalf of Owner. <br />3.AFFORDABILITY <br />3.1 Total Affordability Term. Owner agrees and covenants, which covenants shall run <br />with the land and bind Owner, its successors, its assigns and every successor in interest to the <br />Property that each Affordable Unit shall be restricted to use and occupancy by a Qualified Resident <br />for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total <br />Affordability Term for an Affordable Unit shall commence on the date that the building in which <br />the Affordable Unit is located receives all required occupancy permits from the City. The <br />occupancy permits may be issued in the form of the Certificate of Occupancy or Final Inspection <br />Notice from the City. <br />3.2 Memorializing Commencement of Total Affordability Term. Owner shall keep or <br />cause to be kept detailed records of the commencement date of the Total Affordability Term for <br />each Affordable Unit. City shall have the right to review and verify said records without a fee from <br />City to Owner to ensure that the commencement date specified by Owner for an Affordable Unit <br />coincides with the date that the initial Affordable Unit received all permits from City required for <br />occupancy of the Unit. In the event that a conflict exists between the date specified by Owner for <br />the commencement of the Total Affordability Term for an Affordable Unit and the date specified <br />EXHIBIT 2