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approval shall not be unreasonably withheld, of a marketing program and resident selection plan <br />for the leasing of the Affordable Units at the Project (`Marketing Programes The leasing of the <br />Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the <br />same may be amended from time to time with City's prior written approval, which approval shall <br />not unreasonably be withheld. Upon request, Developer shall provide City with periodic reports <br />with respect to the leasing of the Housing Units. <br />4.7.1 The Marketing Program shall include, but is not limited to, marketing and <br />community outreach activities, proposed tenant selection criteria, occupancy standards, <br />income requirements, timeline and details for outreach and marketing, data collection, <br />record keeping and monitoring, procedures for complaints, and compliance assessment. <br />Components of the resident selection plan shall include, but are not limited to, the <br />application process, interview procedure, apartment offer and assignment, rejected <br />applications, and wait list management. All requirements set forth herein shall be <br />incorporated in the Marketing Program. <br />4.8 Rental Lease Agreement. Developer shall prepare and obtain City's approval, <br />which approval shall not be unreasonably withheld, of a rental lease agreement (`Lease <br />Agreement"). All Lease Agreements must 1) identify the names and ages of all members of the <br />household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy <br />the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for <br />family size appropriate to the unit, as periodically published by HCD. All Lease Agreements must <br />be consistent with the terms contained in this Density Bonus Agreement. <br />4.8.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the <br />following provisions: <br />(a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt, <br />or to a judgment in favor of the owner in a lawsuit brought in connection with <br />the lease; <br />(b) Treatment of Property. Agreement by tenant that the owner may take, hold, or <br />sell personal property of household members without notice to tenant and a <br />court decision on the rights of the parties. This prohibition, however, does not <br />apply to an agreement by the tenant concerning disposition of personal property <br />remaining in the housing unit after the tenant has moved out of the unit. The <br />Developer may dispose of this personal property in accordance with State law; <br />(c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the <br />Developer of the Developer's agent legally responsible for any action or failure <br />to act, whether intentional or negligent; <br />(d) Waiver of Notice. Agreement of the tenant that the Developer may institute a <br />lawsuit without notice to the tenant; <br />(e) Waiver of Legal Proceedings. Agreement by the tenant that the owner may <br />evict the tenant or household members without instituting a civil court <br />proceeding in which the tenant has the opportunity to present a defense, or <br />before a court decision on the rights of the parties; <br />(f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial <br />byju y; <br />0 <br />