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depreciated on the Partnership Tax Return, Form 1040P, filed with the Internal Revenue
<br />Service by the Developer's accountant.
<br />In the event of a failure by the Developer to adequately maintain the Project, or pay
<br />operating expenses, mandatory debt service payments, or other payments required under
<br />the Loan Documents or Senior Loan Documents, or during the continuance of an event of
<br />default by Developer under the Loan Documents or Senior Loan Documents that would
<br />provide for the acceleration of the City/Rental Rehabilitation Program Loan or Senior
<br />Loan, then the City may, after delivery of notice to Developer and the expiration of any
<br />applicable cure periods and subject to the rights of any Senior Lender, apply the funds in
<br />the Replacement Reserve Account to the City/Rental Rehabilitation Program Loan, the
<br />Senior Loan, or use such funds for the maintenance, improvement, or continued operation
<br />of the Project.
<br />Section 13. NONDISCRIMINATION COVENANTS
<br />13.1. Obligation to Refrain from Discrimination. Developer covenants and
<br />agrees that:
<br />(a) In Use of Property. There shall be no discrimination against or
<br />segregation of any person, or group of persons, on account of race, color, creed, religion,
<br />sex, mental or physical disability, marital status, national origin, or ancestry in the sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall
<br />Developer or any person claiming under or through it, establish or permit any such practice
<br />or practices of discrimination or segregation with reference to the selection, location,
<br />number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendors of the
<br />Property.
<br />(b) In Affordable Housing Restrictions. The foregoing covenant shall:
<br />(a) be included in the Affordability Restrictions on Transfer of Property; (b) run with the
<br />land; and, (c) remain effective for the tern of the Agreement.
<br />(c) In Employment. In construction of the Property, Developer shall
<br />not discriminate against any employee or applicant because of race, color, creed, religion,
<br />sex, marital status, mental or physical disability, national origin, or ancestry. Developer
<br />shall take affirmative action to ensure that applicants are employed, and that employees are
<br />treated during employment, without regard to their race, color, creed, religion, sex, marital
<br />status, national origin, or ancestry.
<br />(d) In all Contracts. Developer shall cause the foregoing covenants to
<br />be inserted in all contracts for any work covered by this Agreement so that such provisions
<br />will be binding upon each contractor and subcontractor for the benefit of City, provided
<br />that the foregoing covenant shall not apply to contracts or subcontracts for standard
<br />commercial supplies or raw materials.
<br />Section 14. ENVIRONMENTAL MATTERS
<br />14.1. Representation and Warranty. Except as disclosed in writing to the City
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<br />westview Horse
<br />City Rental Rehabilitation Program Loan Agreement
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