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7.B. -Page 13 of 17 <br />(b) This Section 5 shall apply only if a Commercial Tenant demonstrates <br />through documentation that the Commercial Tenant (1) qualifies as a <br />Commercial Tenant under this Ordinance and (2) is unable to pay the <br />full Rent when due because of a decrease in net business income <br />directly resulting from the COVID-19 pandemic or from compliance <br />with related public health orders or guidance from federal, state, or <br />local authorities, including, without limitation: a decrease in net <br />business income caused by illness or an inability to work; a reduction <br />in, or elimination of operating hours, available workforce, or consumer <br />demand; increases in the Commercial Tenant's health care expenses, <br />including employee health care expenses for which the Commercial <br />Tenant is responsible, the Commercial Tenant's own health care <br />expenses, or the health care expenses of the Commercial Tenant's <br />family members; increases in the cost of supplies, services, or other <br />overhead expenses necessary to carry out the Commercial Tenant's <br />business; or temporary closure of the Commercial Tenant's business. <br />Any medical or financial information provided to the Owner shall be <br />held in confidence, and only used for evaluating the Tenant's claim. <br />(c) Prior to taking any action, during the Term of this Ordinance, to recover <br />possession of Commercial Real Property from a Commercial Tenant <br />for non-payment of Rent, the Owner must first provide the affected <br />Commercial Tenant(s) with written notice of this Ordinance using a <br />form developed and approved by the County Manager or designee, <br />which shall include, at a minimum (i) the amount of Rent to which the <br />Owner is legally entitled pursuant to any written or oral agreement and <br />under the provisions of State or local law; (ii) that this Rent is due <br />unless the Commercial Tenant promptly establishes in writing to the <br />Owner that the Commercial Tenant qualifies as a Commercial Tenant <br />under this Ordinance and that the Commercial Tenant's inability to pay <br />Rent is due to a reason set forth in Subsection 5(b) of this Ordinance; <br />and (iii) that the notice and documentation from the Commercial <br />Tenant to the Owner called for under Subsection 5(c) of this Ordinance <br />234 <br />