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2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage <br />contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does <br />not delay the overall project development schedule. <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 anyone holding <br />the Property or Project, or any part thereof, through or under Developer. Prior to the recording of <br />this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide <br />evidence from the Title Company of any new recordings against the Property or Project. City <br />hereby reserves all rights to post notices of non -responsibility and any other notices as may be <br />appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by <br />Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's <br />choosing and the consent of Developer, which shall not be unreasonably withheld, and which may <br />be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of <br />its officials, officers, employees, representatives, volunteers and agents from any and all alleged <br />or actual claims, causes of action, liabilities, and damages from any third party by reason of a <br />mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to <br />Developer or anyone holding the Property or Project, or any part thereof, through or under <br />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 a certificate of occupancy is issued for the initial Affordable Unit. <br />3.2 Memorializing Commencement of Total Affordability. Developer shall keep <br />detailed records of the commencement date of the Total Affordability Term for each Affordable <br />Unit. City shall have the right to review and verify said records to ensure that the commencement <br />date specified by Developer for an Affordable Unit coincides with the date that the initial <br />Affordable Unit received all permits from City required for occupancy of the Unit. In the event <br />that a conflict exists between the date specified by Developer for the commencement of the Total <br />Affordability Term for an Affordable Unit and the date specified by City's issuance of all required <br />permits for occupancy of the Unit, the date specified by City's issuance of all required permits for <br />occupancy of the Unit shall control. <br />3.3 Levels of Affordability. <br />3.3.1 Affordable Rent for Very Low Income Tenants. Developer covenants that <br />no less than twos Affordable Units in the Project shall at all times during the Total Affordability <br />Term be rented to, or held vacant and available for immediate occupancy by Eligible Households, <br />at an Affordable Rent. <br />7 <br />