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401.12 Relationsiflp to Tax Credit I equii-enients. Notwithstanding any other <br />provisions of this Agreement, to the extent that a Tax Credit Regulatory ator# Agreement executed by <br />the Developer as a requirement of receiving the Tax Credits for either or both) Phase(s) of the <br />Rental Portion of the Project or any other regulatory agreement executed by the Developer as <br />requirement to obtain financing for either or both) Phase(s) of the Rental Portion of the Pro}ect, <br />are less restrictive with respect to the requirements applicable to tenant selection, tenant income <br />levels, unit rent levels or any other aspect of the construction and operation of such Pleases of <br />the Rental Portion of the Project than as provided its this Agreement and the Regulatory <br />Agreement, then the Developer shall comply with the requirements of this Agreement, including <br />the applicable Regulatory Agreement; provided, however, that in the event the covenants or <br />restrictions, including the affordability restrictions set fort}) in this Agreement, including the <br />Regulatory Agreements, are not the most restrictive provisions applicable to either or both) <br />Please of the Rental Portion of the Project, and to the extent of n inconsistency between or <br />among such agreement(s), the Developer shall comply with the most restrictive of such <br />agreements. The foregoing requirements small apply to the Developer and to its Property <br />Manager who is involved in the selection of tenants or the determination of rent amounts for the <br />Rental Portion of the Project. <br />401.13 Applicability of Section. The provisions of this Section 401 apply only <br />to the Rental Portion of the Project and are wholly inapplicable to the For -Sale Porti <br />