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2.10 Relocation Prior to Development of Project. If relocation is required prior to the <br />completion of development of the Project, Developer shall have the sole and exclusive <br />responsibility for providing relocation assistance and paying all relocation costs as maybe required <br />to comply with applicable federal and state laws and regulations. In addition to any other indemnity <br />provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of <br />City's choosing and the consent of Developer, which shall not be unreasonably withheld, and <br />which may be joint defense counsel upon City's and Developer's consent), and hold harmless City <br />and all of its officials, officers, employees, representatives, volunteers and agents from any and all <br />alleged or actual claims, causes of action, liabilities, and damages from any third party for <br />relocation assistance, benefits and costs prior to the completion of the development of the Project. <br />2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably <br />necessary to remove any future mechanic's liens or other similar liens (including design <br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor, <br />services, or materials supplied or claimed to have been supplied to Developer or caused by, at the <br />direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum <br />thereof) pursuant to Section 4.2 below, Developer shall provide evidence from the Title Company <br />of any new recordings against the Property or Project. City hereby reserves all rights to post notices <br />of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's <br />lien. In addition to any other indemnity provided by Developer under this Agreement, Developer <br />shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall <br />not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel <br />upon City's and Developer's consent), and hold harmless City and all of its officials, officers, <br />employees, representatives, volunteers and agents from any and all alleged or actual claims, causes <br />of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, <br />labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, <br />at the direction of, or on behalf of Developer. <br />3. AFFORDABILITY <br />3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and <br />occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total <br />Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on <br />the date that the building in which the Affordable Unit is located receives all required occupancy <br />permits from the City. <br />3.2 Memorializing Commencement of Total Affordability. Developer shall keep <br />or cause to be kept detailed records of the commencement date of the Total Affordability Term for <br />each Affordable Unit. City shall have the right to review and verify said records without a fee from <br />City to Developer to ensure that the commencement date specified by Developer for an Affordable <br />Unit coincides with the date that the initial Affordable Unit received all permits from City required <br />for occupancy of the Unit. In the event that a conflict exists between the date specified by <br />Developer for the commencement of the Total Affordability Term for an Affordable Unit and the <br />date specified by City's issuance of all required permits for occupancy of the Unit, the date <br />specified by City's issuance of all required permits for occupancy of the Unit shall control. <br />7 <br />