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permitted by law, Developer may pay any Imposition in instal linen (together with any <br />accrued interest). <br />10.4.1 _Right to Contest. ontest. Developer shall not be required to pay any <br />Imposition so long as (a) Its validity is being actively contested in good faith and by <br />appropriate proceedings, (b) Developer has demonstrated to City's reasonable satisfaction <br />that leaving such Imposition unpaid pending the outcome of such Proceedings could not <br />result in conveyance of the Property in satisfaction of such Imposition or otberwise <br />impair City's interests under (lie Loan Documents, and (c) Developer has furnished City <br />with a bond or other security satisfactory in an amount not less them 100% of the <br />applicable claim (including interest mid penalties). <br />1 0A.2 Evidence of Payment. Upon demand by City irom tune to time, <br />Developer shall deliver to City, within thirty (30) days following the dice date of any <br />Imposition, evidence of payment reasonably satisfactory to City. <br />10.413 Books and Records: Developer shall maintain complete books of <br />account and other records reflecting its operations (in connection with any other <br />businesses as well as with respect to the Property), in accordance with generally accepted <br />accotuiting principles applied on a consistent basis or in accordance with such other <br />principles or methods as arc reasonably acceptable to City, in accordance with 24 CFR <br />92,508. <br />10;5 Project Operating Budget. Developer must promptly deposit all <br />project income directly into a segregated depository account established exclusively for <br />the Project ( "Project Operating Account'), Withdrawals from this account may be made <br />only in accordance with the provisions of this Agreement and the approved Project <br />Budget, as it may be revised from tune to time with City approval. Developer may make <br />withdrawals from this acearunt solely for the payment of project expenses kind project <br />fee,-,, Withdrawals from this account for other purposes may be made only with the prior <br />written approval of the City. <br />10.6 Replacement Reserve Account. Developermust establish or cause to be. <br />established a segregated interest-bearing replacement reserve depository account <br />( "Replacement reserve Account ") no later than sixty (60) days after tile Certificate of <br />Completion is filed. Developer must make rnouthly deposits from project income into <br />the Replacement Reserves in accordance with Developer's Budget, as amended from time <br />to trove. Developer may withdraw funds from the Replacement Reserve Account solely <br />to food capital improvemcnis for the Project, such as replacing or repairing structural <br />elements, furniture, fixtures or equipment of the Project that are reasonably required to <br />preserve the Project. Developer may not withdraw funds from the Replacernem Reserve <br />Account for any other purpose without the prior written approval of the City, <br />11, NONDISCRIMINATION COVENANTS <br />! 1J Obligation to Mrain from Discrimination. Developer covetna its and <br />agrees drat: <br />25 <br />25B -31 <br />