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4.6 Waiver of Disbursement Conditions. Unless City otherwise agrees in writing, <br />the making by City of any disbursement with knowledge that any condition to such <br />disbursement is not fulfilled shall constitute a waiver of such condition only with respect to the <br />particular disbursement made, and such condition shall be conditioned to all further <br />disbursements until fulfilled. <br />4.7 Other Terms and Conditions of Grant. Any disbursed Grant amounts shall <br />become immediately due and payable by Grantee back to City, in the event of any of the <br />following: <br />(a)Failure to complete the Project within two (2) years of the date of the first <br />disbursement, unless extended due to Force Majeure delays; <br />(b)Violation of any of the use covenants and restrictions contained in this <br />Agreement after the expiration of any applicable notice and cure periods; or, <br />(c)An Event of Default by Grantee, which is not timely cured after expiration <br />of any applicable notice and cure periods pursuant to the terms of this Agreement. <br />4.8 Costs and Fees. Grantee shall pay all recording fees and charges on any <br />document recorded pursuant to this Agreement. <br />5.USE AND MAINTENANCE OF THE PROPERTY <br />5.1 Maintenance of the Property. During construction and rehabilitation of the <br />Project, solely at Grantee's expense, Grantee agrees to maintain the Property in a clean and orderly <br />condition and in good condition and repair and keep the Property free from any accumulation of <br />debris and waste materials. If at any time Grantee fails to maintain, or cause to be maintained, the <br />Property as required by this section, and said condition is not corrected after the expiration of a <br />reasonable period of time not to exceed thirty (30) days from the date of written notice from the <br />City, unless such condition cannot reasonably be cured within thirty (30) days, in which case <br />Grantee shall have such additional time as reasonably necessary to complete such cure, the City may <br />perform the necessary maintenance and Grantee shall pay all reasonable costs incurred for such <br />maintenance. Following the Certificate of Completion for construction of the homes, the Property <br />maintenance shall be governed by the provisions of the Regulatory Agreement. <br />5.2 Obligation to Refrain from Discrimination. Grantee covenants and agrees for <br />itself, its successors, its assigns and every successor in interest to the Property or any part thereof, <br />that there shall be no discrimination against or segregation of any person or group of persons on <br />account of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender <br />expression, gender, medical conditions, genetic information, military and veteran status, age, <br />national origin, ancestry, or disability, during the course of the Project or rehabilitation or operation <br />of the Property nor shall Grantee itself or any person claiming under or through him/her establish or <br />permit any such practice or practices of discrimination or segregation with reference to the <br />rehabilitation or operation of the Property. The foregoing covenants shall run with the land and <br />shall remain in effect until termination of the Agreement. Following the Certificate of Completion, <br />the Grantee's obligation to refrain from discrimination shall be governed by the provisions of the <br />Regulatory Agreement. <br />EXHIBIT 2