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(c) Agreement by the tenant not to hold tho owner or the owner's agent <br />legally responsible for any action or failure to act, whether intentional or negligent; <br />(d) Agreement of the tenant that the owner may institute a lawsuit <br />withorrt notice to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or <br />household members without instituting a civil court proceeding in which the tenant has the <br />opportunity to present a defense, or before a court decision on the ri~hls of the parties; <br />~,.;, .:. <br />(f) Agreement by the tenant to warve,any right to a trial by jury; <br />F". <br />(g) Agreement by the tenant.ta,waNe,,fklp tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lehs,e; and <br />(h) Agreement by tl <br />even if the tenant wins in a courC proceeding b? <br />maybe obligated to pay costs if the tenant loses. <br />1208. Project Operating Rue <br />directly into a segregated depository i <br />Operating Account") in accordance wilt <br />by the Executive Director each year. <br />accordance with Qie provtstons 4~:this ~ <br />revised from time to,tiirie with A`~eucvl <br />account solely for <br />Operating Budget. <br />prior written appt~o~ <br />Account") ngaater than <br />monthly depo~jts.from <br />approved Annhal Bud <br />Replacement Resetves <br />or repairing shuotura1 <br />required to preserve tl <br />Account for any other <br />this <br />to pay attorney'~,,fges or other legal costs <br />ter against the tenant"~he tenant, however; <br />r irlcjsf'promptly deposit alI project income <br />shed..e'~clusively for the ProjecC ("Project <br />Budget pk2pared by Developer and approved <br />fi'om Cli1s ac,,count may be made only in <br />he "approved Qj3erating Budget, as it may be <br />DevClopcr,.may make withdrawals from this <br />and project fees included in the approved <br />other purposes may be made only with the <br />nt Res¢i'.ve Accoiiht; Developer must establish or cause to be established <br />tAng replaoeJTrent reserve depository account ("Replacement Reserve <br />ty (6p) days a~t,er the Notice of Completion is filed. Developer must make <br />sect ijtoome info t,~e Replacement Reserve Aoeount in accordance with the <br />as arYlet>ded fi•om "time to time. Developer may withdraw funds from the <br />punt solely to fund capital improvements for the Project, such as replacing <br />nests, f'ur'niture, fixtures or equipment of the Project that are reasonably <br />oject,= I~'eveloper may not withdraw funds from the Replacement Reserve <br />ose ~rvithout the prior written approval of the Agency/City. <br />1210. Monitoring and Recordkeeping. Throughout the Tenn of this Agreement, <br />Developer shall comply with all applicable reeordkeeping and monitoring requirements seC forth u2 <br />the Redevelopment l,aw and the HOME Program, including Section 92.508 (or sueoessor regulation) <br />of the HOME Regulations and Section 33418 of the Redevelopment Law, and shall annually <br />complete and submit to Agency/City a Certification of Continuing Program Compliance substantially <br />in the form of ExhibitN hereto, or other form provided by the Executive Director. Representatives <br />of the Agency and City shall be entitled to enter the Property, upon at least twenty-four (24) hours <br />notice, to monitor compliance with this Agreement, to inspect the records of the Project, and to <br />conduct an independent auditor inspection of such records. Developer agrees to cooperate with City <br />in malting the Property and all Housing Units thereon available for such inspection or audit. <br />40 <br />