STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT "HCD" - (SANTA ANA ARTS COLLECTIVE, L.P. & META HOUSING PROJECT)

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Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective L.P. 16-AHSC-11199 Page 16 of 17 EXHIBIT D C. Sponsor further represents and warrants that as of the date of the AHSC Loan closing, the person(s) executing the AHSC Loan documents will have full authority to act on behalf of and bind the Sponsor in accordance with the terms of those documents. 63. Survival of Obligations The obligations of the Sponsor as set forth in this Agreement shall survive the AHSC Loan closing, and the Sponsor shall continue to cooperate with the Department and perform acts and provide documents as provided herein. 64. Litigation If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. The Sponsor shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 66. Obligations of Sponsor with Respect to Certain Third Party Relationships The Sponsor shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Affordable Housing Development with respect to which assistance is being provided under this Agreement, The Sponsor shall comply with all lawful requirements of the Department necessary to ensure the completion, occupancy and use of the Affordable Housing Development in accordance with this Agreement. 66, Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement or to require at any time performance by the Sponsor of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 67. Audit/Retention and Inspection A, The Department, its representatives or employees, or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Sponsor shall provide the Department or its delegatee with any relevant information requested and shall permit the Department or its delegates access to its premises, upon reasonable AHSC Loan - Rental Affordable Housing Development NOFA Date: 01/29/16 Approved Date: 03/09/17 Prep Date: 07/20/17