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2.7 City Review and Inspections <br />(1) Upon not less than forty-eight (48) hours' notice to Borrower, the City may at <br />any time during the term of this Agreement, enter and inspect the physical premises and inspect <br />all accounting records pertaining to the development or operation of the Project. Upon request <br />by the City, Borrower shall notify occupants of upcoming inspections of their units in <br />accordance with State law. <br />(2) The City may request any other information that it deems necessary to monitor <br />compliance with requirements set forth in this Agreement. Such information shall be promptly <br />provided by Borrower. <br />2.8 Restrictions on Sale, Encumbrance, and Other Acts <br />(1) Borrower shall not make any sale, encumbrance, hypothecation, assignment, <br />pledge, conveyance, or transfer in any form of the Project or of any of its interest therein without <br />prior written approval of the City, which shall not be unreasonably withheld. <br />(2) Borrower shall not permit the use of the Project for any purpose other than that <br />permitted by this Agreement without the prior written approval of the City. <br />(3) The City may approve a sale, transfer or conveyance provided that all of the <br />following conditions are met: <br />(A) Borrower is in compliance with this Agreement or the sale, transfer or <br />conveyance will result in the cure of any existing violations of this Agreement; <br />(B) the successor -in- interest to Borrower agrees to assume all obligations of <br />the existing Borrower pursuant to this Agreement and the HOME Program; <br />(C) the successor -in- interest demonstrates to the City's satisfaction that it can <br />own and operate the Project in full compliance with all HOME Program requirements; and <br />(D) any terms of the sale, transfer or conveyance shall not threaten the City's <br />security or the successor's ability to comply with all HOME Program requirements. <br />(4) The City may grant any approval for a sale, transfer or conveyance subject only to <br />such terms and conditions as may be necessary to ensure compliance with HOME Program <br />requirements. <br />2.9 Assignment of City Rights The City retains the right at its sole discretion to <br />assign all or part of its rights under this Agreement for the purpose of ensuring compliance and <br />enforcement of Borrower's duties and obligations hereunder. In addition, the City may designate <br />an agent to act on its behalf in monitoring compliance and enforcing the provisions hereof. <br />2.10 Fees Borrower shall be responsible for payment of all customary and fees and <br />charges in connection with the processing of City, and all other applicable permits and approvals <br />for the Project. <br />1908324.5 <br />