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(n) U,s~ .f0r._Lo? and Moderate Income Housing. The Redeve- loper agrees for itself- its sUC~e~b~s"and assigns, and every successor in interest'to the Phase I Parcel or any portion there- of and the Deed shall contain a covenant to the effect that the Phase I Parcel shall not be used for any purpose other than for low and moderate income housing for a period of thirty five (35) years from the date of the Deed or until the maturity date of the mortgage pertaining thereto, whichever is longer. The mortgage on that portion of.the Property may not be prepaid with- out the prior written approval of the Agency and HUD. If Redeveloper prepays the mortgage or sells that portion of the Property comprising the Phase I Parcel before the final mort- gage debt has been paid, all deeds and other documents relative to the prepayment, transfer or conveyance shall contain appropriate covenants requiring .such Parcel to be used low and moderate income housing for the remaining years of the period provided'for above in this paragraph (n). SEC. 9. MODIFICATIONS OF PART II (a) Conflicts. In the event of any inconsistency or conflict between the provisions of this Part'I and part II of this Agreement, the provisions of Part I shall prevail over those contained in Part II. (b) SEC. 101 Work to be Performed by Agency. This Section is hereby amended by ~dding the ~'ollowing' Paragraph: The Agency shall only be responsible for soil conditions and the placement of fill on the Property in those areas excavated by the Agency in the performance of its normal de- molition and site clearance operations. As to all other portions of the Property includ- ing t~e soil beneath the areas excavated by the Agency, the Property shall be conveyed in an as is condition. It shall be the sole responsibility of the Redeveloper at Redeve- loper expense to investigate and determine the soil condition and the suitability of the Property for the development to be con- structed. If the soil condition of the Property is not in all respects entirely suitable for the use or uses to wh$ch the Property will be put, then it is the sole responsibility and obligation of Redeveloper to take such action as may be necessary to place the Property and the soil condition of the Property in all respects in a condi- tion entirely suitable for the development of the Property. -24- 1977