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51.4; (b) the federal Fair Housing Act, 42 U.S.C. Section 3607(b) and 24 CFR 100.304; (c) the California Fair Employment and Housing Act, Govemment Code Section 12900 et seq., and (d) all other applicable laws and regulations. Owner will indemnify, defend, and hold the Indemnitees harmless from all Claims arising out of Owner's failure to comply with applicable legal requirements related to housing for persons with developmental disabilities. The indemnity provisions of this paragraph shall survive the expiration or other termination of this Agreement. Owner shall make the following supportive services available to residents of the Project: . Owner shall be obligated to provide or arrange for the provision of supportive services to residents of the Project in accordance with the Plan described in Sections 6.4 and 6.5 below. 2.2 Affordability and Occupancy Requirements. Throughout the Term of this Agreement (as defined in Section 4.1 below): not less than six (6) of the residential units in the Project shall be available at Affordable Rents to households whose income is no greater than twenty percent (20%) of Area Median Income, not less than an additional three (3) of the residential units in the Project shall be available at Affordable Rents to households whose income is no greater than forty percent (40%) of Area Median Income, not less than an additional fourteen (14) of the residential units in the Project shall be available at Affordable Rents to households whose income is no greater than fifty percent (50%) of Area Median Income, and not less than an additional six (6) of the residential units in the Project shall be available at Affordable Rents to households whose income is no greater than sixty percent (60%) of Area Median Income. Two (2) residential units shall be manager/staff units that will not be subject to rent or occupancy restrictions. Developer shall comply with rent and occupancy restrictions imposed by all applicable financing sources and regulatory agencies if such agencies impose requirements on the Project that are more stringent than those set forth in this Agreement. Notwithstanding any contrary provision of this Agreement, if any residential units in the Project are subsidized with Section 8 project -based vouchers through a Housing Assistance Payment Contract with HUD, the rules and regulations applicable to such program shall prevail with respect to the setting of rents, implementation of occupancy requirements, and determination of Gross Income. In the event that recertification of tenant incomes indicates that the number of Restricted Units actually occupied by Eligible Households falls below the number reserved for each income group as specified in this Section 2.1 and Exhibit B, Owner shall rectify the condition by renting the next available dwelling unit(s) in the Project to Eligible Household(s) until the required income mix is achieved. A dwelling unit shall qualify as "Rent Restricted" if the gross rent charged for such unit does not exceed the Affordable Rent for the applicable household income category as set forth in Exhibit B, subject to Section 2.2. Notwithstanding anything to the contrary contained in this Agreement, if other Project lenders, Project investors, or regulatory agencies restrict a greater number of units than restricted by this Agreement or require stricter household income eligibility or affordability requirements than those imposed hereby, the requirements of such other lenders, investors or regulatory agencies shall prevail, including without limitation, the rent and occupancy requirements imposed in connection with the use of project based vouchers or other rent subsidies. 5 OAK #9834-1210-2746 v4