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6.16 Tax Credit Program. Notwithstanding anything contained herein to the contrary, <br />for as long as the Property is subject to the requirements of the California and/or Federal Low - <br />Income Housing Tax Credit Program under the provisions of Section 42 of the Code and Section <br />23610.5 of the California Revenue and Taxation Code, as applicable (collectively, the "Tax <br />Credit Program") and there is a conflict between the requirements of the Tax Credit Program and <br />the affordability provisions set forth in 2.3 above, inclusive, then the provisions of the Tax Credit <br />Program shall prevail. That notwithstanding, the fact that this Regulatory Agreement and the <br />Tax Credit Program provide for greater, lesser or different obligations or requirements shall not <br />be deemed a conflict unless the applicable provisions are inconsistent and could not be <br />simultaneously enforced or performed. <br />[Signature Page Follows] <br />1 199\09\2724482.6 21 <br />