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12.1.3.3 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 />accounting principles applied on a consistent basis or in accordance with such other <br />principles or methods as are reasonably acceptable to City, in accordance with 24 CFR <br />92.508. <br />12.4 Pro_Lect Operating Account. Subject to the requirements of the Senior <br />Lender, Developer must promptly deposit all project income directly into a segregated <br />depository account established exclusively for the Project ("Project Operating Account"). <br />Withdrawals from this account may be made only in accordance with the provisions of <br />this Agreement and the approved Project Budget, as it may be revised from time to time <br />with City approval. Developer may make withdrawals from this account solely for the <br />payment of project expenses (including, without limitation, funding reserves and the <br />making of debt service payments), project fees and permitted distributions to the partners <br />of the Developer. Withdrawals from this account for other purposes may be made only <br />with the prior written approval of the City. <br />12.5 Replacement Reserve Account. Developer must 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 the Certificate of <br />Completion is filed. Developer must make monthly deposits from project income into <br />the Replacement Reserve in accordance with Developer's Budget, as amended from time <br />to time. Developer may withdraw funds from the Replacement Reserve Account solely <br />to fund capital improvements 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 Replacement Reserve <br />Account for any other purpose without the prior written approval of the City. <br />13. NONDISCRIMINATION COVENANTS <br />13.1 Obligation to Refrain from Discrimination.. Developer covenants and <br />agrees that: <br />A. In Use of Property. There shall be no discrimination <br />against or segregation of any person, or group of persons, on account of race, color, <br />creed, religion, sex, mental or physical disability, marital status, national origin, or <br />ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the <br />Property, nor shall Developer or any person claiming under or through it, establish or <br />permit any such practice or practices of discrimination or segregation with reference to <br />the selection, location, number, use or occupancy of tenants, lessees, subtenants, <br />sublessees, or vendors of the Property. <br />B. In Affordablc HDusing Restrictions. The <br />foregoing covenant shall (a) be included in the Affordability Restrictions on Transfer of <br />Property, (b) run with the land, and (c) remain effective for the term of the contract (for <br />55 years). <br />27 <br />