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2.5 Relocation Prior to Commencement of Project. If relocation is required prior to the <br /> completion of rehabilitation of the Project, Owner shall have the sole and exclusive responsibility <br /> for providing relocation assistance and paying all relocation costs as may be required to comply <br /> with applicable federal and state laws and regulations. In addition to any other indemnity provided <br /> by Owner under this Agreement, Owner shall indemnify, defend (with counsel of City's choosing <br /> and the consent of Owner, which shall not be unreasonably withheld, and which may be joint <br /> defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, <br /> officers, employees, representatives, volunteers and agents from any and all alleged or actual <br /> claims, causes of action, liabilities, and damages from any third party for relocation assistance, <br /> benefits and costs prior to the completion of the Project. <br /> 2.6 Mechanic's Liens; Indemnification. Owner 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 Owner or caused by, at the <br /> direction of, or on behalf of Owner. Prior to the recording of this Agreement (or memorandum <br /> thereof) pursuant to Section 4.1 below, Owner shall provide evidence from the Title Company of <br /> 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 Owner under this Agreement, Owner shall <br /> indemnify, defend (with counsel of City's choosing and the consent of Owner, which shall not be <br /> unreasonably withheld,conditioned or delayed and which may be joint defense counsel upon City's <br /> and Owner's consent), and hold harmless City and all of its officials, officers, employees, <br /> representatives, volunteers and agents from any and all alleged or actual claims, causes of action, <br /> liabilities,and damages from any third party by reason of a mechanic's lien or work,labor,services, <br /> or materials supplied or claimed to have been supplied to Owner or caused by, at the direction of, <br /> or on behalf of Owner. <br /> 3. AFFORDABILITY <br /> 3.1 Total Affordability Term. Owner agrees and covenants,which covenants shall run <br /> with the land and bind Owner, its successors, its assigns and every successor in interest to the <br /> Property that each Affordable Unit shall be restricted to use and occupancy by a Qualified Resident <br /> for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total <br /> Affordability Term for an Affordable Unit shall commence on the date that the building in which <br /> the Affordable Unit is located receives all required occupancy permits from the City. The <br /> occupancy permits may be issued in the form of the Certificate of Occupancy or Final Inspection <br /> Notice from the City. <br /> 3.2 Memorializing Commencement of Total Affordability Term. Owner shall keep or <br /> 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 Owner to ensure that the commencement date specified by Owner for an Affordable Unit <br /> coincides with the date that the initial Affordable Unit received all permits from City required for <br /> occupancy of the Unit. In the event that a conflict exists between the date specified by Owner for <br /> the commencement of the Total Affordability Term for an Affordable Unit and the date specified <br />