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"Plan"). The Marketing and Management Plan shall address in detail how Owner plans to <br />market the Restricted Units to prospective Eligible Households in accordance with fair housing <br />laws and this Agreement, Owner's plan to transition the Project to one hundred percent (100%) <br />Restricted Units, Owner's tenant selection criteria, and how Owner plans to certify the eligibility <br />of Eligible Households. The Plan shall also describe the management team and shall address <br />how the Owner and the management entity plan to manage and maintain the Property and the <br />Project. The Plan shall include the proposed management agreement and the form of rental <br />agreement that Owner proposes to enter into with Project tenants. <br />Owner shall abide by the terms of the Marketing and Management Plan in marketing, <br />managing, and maintaining the Property and the Project, and throughout the term of this <br />Agreement, shall submit proposed modifications to Agency and City for their review and <br />approval. <br />6.5 Approval of Amendments. If Agency and City have not responded to any <br />submission of the Management and Marketing Plan, the proposed management entity, or a <br />proposed amendment or change to any of the foregoing within sixty (60) days following <br />Agency's and City's receipt of such plan, proposal or amendment, the plan, proposal or <br />amendment shall be deemed approved by Agency and City. <br />6.6 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, <br />assessments, taxes, charges, liens and levies, including without limitation possessory interest taxes, <br />if applicable, imposed by any public authority or utility company with respect to the Property or the <br />Project, and shall pay such charges prior to delinquency. However, Owner shall not be required <br />to pay any such charge so long as (a) Owner is contesting such charge in good faith and by <br />appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, <br />and (c) on final determination of the proceeding or contest, Owner immediately pays or <br />discharges any decision or judgment rendered against it, together with all costs, charges and <br />interest. <br />6.7 Insurance Coverage. Throughout the term of this Agreement Owner shall comply <br />with the requirements set forth in Exhibit C, and shall, at Owner's expense, maintain in full force <br />and effect insurance coverage as specified in Exhibit C; provided however, during such time that <br />lenders or low-income housing tax credit investors providing financing for the Project impose <br />insurance requirements that are inconsistent with the requirements set forth in Exhibit C, Owner <br />may satisfy the requirements of this Section by meeting the requirements of such lenders or <br />investors. Notwithstanding the foregoing, throughout the term hereof, Owner shall comply with <br />the provisions of Exhibit C pertaining to (i) provision to City and Agency of proof of insurance <br />for the Project, (ii) naming of Agency and the City as additional insureds, and (iii) provision to <br />City and Agency of notice of cancellation or reduction in coverage. <br />6.8 Property Damage or Destruction. If any part of the Project is damaged or <br />destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent <br />restriction requirements set forth in this Agreement. Such work shall be commenced within <br />60 days after the damage or loss occurs and shall be completed within one year thereafter, <br />provided that insurance proceeds are available to be applied to such repairs or restoration within <br />AMENDED AND RESTATED REGULATORY AGREEMENT 12 <br />MISSION BELL APARTMENTS <br />1227466-8 <br />