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`./ <br />agreement, or a proposed amendment or change to any of the foregoing within sixty (60) days <br />following City's receipt of such plan, proposal, agreement or amendment, the plan, proposal, <br />agreement, or amendment shall be deemed approved by City. <br />6.7 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, <br />assessments, taxes, charges, liens and levies applicable to the Property or the Project, including <br />without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall <br />pay such charges prior to delinquency. However, Owner shall not be required to pay any such <br />charge so long as (a) Owner is contesting such charge in good faith and by appropriate <br />proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on <br />final determination of the proceeding or contest, Owner immediately pays or discharges any <br />decision or judgment rendered against it, together with all costs, charges and interest. The <br />foregoing is not intended to impair Owner's ability to apply for any applicable exemption from <br />property taxes or other assessments and fees. <br />6.8 Insurance Coverage. Throughout the term of this Agreement Owner shall comply <br />with the insurance requirements set forth in Exhibit C, and shall, at Owner's expense, maintain in <br />full force and effect insurance coverage as specified in Exhibit C. <br />6.9 Propegy Damage or Destruction. If any part of the Project is damaged or <br />destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent <br />restriction requirements set forth in this Agreement. Such work shall be commenced as soon <br />as reasonably practicable after the damage or loss occurs and shall be completed within one <br />year thereafter or as soon as reasonably practicable, provided that insurance proceeds are <br />available to be applied to such repairs or restoration within such period and the repair or <br />restoration is financially feasible. During such time that lenders or low-income housing tax <br />credit investors providing financing for the Project impose requirements that differ from the <br />requirements of this Section the requirements of such lenders and investors shall prevail. <br />7. Recordation; Subordination. This Agreement shall be recorded in the Official Records of <br />Alameda County. The City agrees that the City will not withhold consent to reasonable requests <br />for subordination of this Agreement to deeds of trust provided for the benefit of lenders <br />identified in the financing plan submitted to City for the Project, as such plan may be updated <br />with City approval, provided that the instruments effecting such subordination include reasonable <br />protections to the City in the event of default, including without limitation, extended notice and <br />cure rights. <br />8. Transfer and Encumbrance. <br />8.1 Restrictions on Transfer and Encumbrance. During the term of this Agreement, <br />except as permitted pursuant to the Loan Agreement or this Agreement, Owner shall not directly <br />or indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial <br />sale, transfer, conveyance, assignment or lease (collectively, "Transfer") of the whole or any <br />part of the Property, the Project, or the improvements located on the Property, without the prior <br />written consent of the City, which approval shall not be unreasonably withheld. In addition, prior <br />to the expiration of the term of this Agreement, except as expressly permitted by this Agreement <br />15 <br />OAK #4821-6084-0273 v5 <br />