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50% Units 80% Units Studio 1 4 1 -Bedroom 3 20 2 -Bedroom 1 8 Total 5 32 Notwithstanding the chart set forth in this Section 2.1(d), the Owner may elect, in its sole discretion, at any time, to provide Affordable Units with more bedrooms based on the needs of prospective tenant households. For example, the Owner may elect, in its sole discretion, at any time, to provide one or more 1 -bedroom or 2 -bedroom Affordable Units in place of an equal number of studio Affordable Units, or the Owner may elect to provide one or more 2 -bedroom Affordable Units in place of an equal number of 1 -bedroom Affordable Units. (e) Fair Housing. Owner agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to the City) the City, and its council members, agents, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Owner's failure to comply with all applicable federal and state fair housing legal requirements including legal requirements related to housing for persons with disabilities. The provisions of this subsection shall survive expiration of the Term or other termination of this Agreement, and shall remain in full force and effect, but only as to claims arising from events occurring during the Term of this Agreement. 2.2 Allowable Rent. (a) 50% AMI Household Rent. Subject to the provisions of Section 2.3 below, Rent paid by Tenants of all 50% Units during the Term shall not exceed the 50% AMI Household Rent for the applicable bedroom size. (b) 80% AMI Household Dent. Subject to the provisions of Section 2.3 below, Rent paid by Tenants of all 80% Units during the Term shall not exceed the 80% AMI Household Rent for the applicable bedroom size. (c) In the event that income determinations are no longer published by HCD or are not updated for a period of at least eighteen (18) months, the parties hereto shall thereafter use the income determinations for 50% AMI and 80% AMI as published by HUD. (d) Owner may set the rent based on the allowable utility allowance and consistent with this Article 2. Prior to any increase in the rent, Owner must receive written approval from the City that Owner's calculation of the new rent amount is in compliance with this Agreement; provided, if the City does not provide written approval or disapproval within thirty (30) days of Owner's submission of the proposed new rent amount to the City, then the City shall be deemed to have approved such new rent amount so long as such rent amount is consistent with the City's published guidance on affordable rent levels. Under no circumstance may Owner raise rents above the rents as approved or deemed approved by the City pursuant to this provision. REV: 09-29-2020 VR ATTY/AGR.2020.215/Stanford - Cardinal Apartments (Page 5 of 16)