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(collectively, the "Tax Credit Program") and there is a conflict between the requirements of the <br />Tax Credit Program and the affordability provisions set forth in 2.3 above, inclusive, then the <br />provisions of the Tax Credit Program shall prevail. That notwithstanding, the fact that this <br />Agreement and the Tax Credit Program provide for greater, lesser or different obligations or <br />requirements shall not be deemed a conflict unless the applicable provisions are inconsistent and <br />could not be simultaneously enforced or performed. <br />Section 6.26 Action and Approval. Whenever action and/or approval by City is <br />required under this Agreement, the City Manager or the City Manager's designee may act on <br />and/or approve such matter unless specifically provided otherwise, or unless the City Manager or <br />the City Manager's designee determine in their discretion that such action or approval requires <br />referral to City Council for consideration. <br />[Signature Page Follows.] <br />1199\10\3491196.8 24 <br />REV: 10-18-23 SK <br />