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litigation relevant to the Loan Agreement, whichever is later. The City, the <br />State, and/or their representatives shall have unrestricted reasonable access <br />to all locations, books, and records for the purpose of monitoring, auditing, <br />or otherwise examining said locations, books, and records with or without <br />prior notice. <br />(3) If so directed by the City upon termination of the Loan Agreement, <br />Developer shall cause all records, accounts, documentation and all other <br />materials relevant to the work to be delivered to the City, as depository. <br />(4) All records, accounts, documentation and other materials relevant to the <br />Project shall be accessible at any time to the authorized representatives of <br />the City on reasonable prior notice, for the purpose of examination or audit. <br />(5) The City shall perform an annual audit at the close of each Calendar Year <br />in which these Restrictions are in effect. Developer shall reasonably <br />cooperate with City in performing such audit. <br />(6) Developer shall permit the City to perform an Annual Physical Inspection <br />of the Property with at least ten (10) Business Days notice. Developer shall <br />cooperate with this Inspection and shall take all steps necessary to quickly <br />correct any code deficiencies identified during the Inspection. <br />F. If there is a discrepancy between local, state and federal law with regard to any of <br />the aforementioned covenants, the more stringent shall apply. <br />G. The City is the beneficiary of the terns and provisions of these Restrictions and the <br />covenants herein, both for and in its own right and for the purposes of protecting the interests of <br />the community and other parties, public or private, for whose benefit these Restrictions and the <br />covenants running with the land have been provided. The City shall have the right if the covenants <br />are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in <br />equity or other proper proceedings to enforce the curing of such breaches to which they or any <br />other beneficiaries of these Restrictions and covenants are entitled. <br />H. The covenants and agreements contained herein shall run with the land and shall <br />remain in effect for the term of the Agreement. Upon the sale, conveyance or other transfer of the <br />Property (a 'Transfer") and the assumption of the obligations hereunder by a transferee, <br />Developer's liability for performance shall be terminated as to any obligation to be perfonned <br />hereunder after the date of such Transfer. <br />I. Upon a Transfer of the Property, the transferee will be obligated to meet with the <br />City prior to closing of the Transfer to review the terms of these Restrictions and requirements of <br />the transferee therein. Any failure of transferee to meet with the City as required would constitute <br />a default under these Restrictions. <br />16 <br />