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6. 1. D. - Page 47 12. Transfer by Owner. In the event the City does not elect to purchase the Subject Affordable Unit pursuant to Section 9 above, or assign that right, Owner may transfer the Subject Affordable Unit to a Qualified Buyer to be chosen by the City pursuant to the City's affirmative marketing program at the Transfer Amount in accordance with the terms and conditions of this Resale Agreement. (a) Transfer to a Qualified Bu er. Upon Transfer of the Subject Affordable Unit to a Qualified Buyer in a transaction that meets the requirements of this Resale Agreement, the City may waive obligations of Owner to the City pursuant to this Resale Agreement, provided that Owner assigns to the Qualified Buyer and the Qualified Buyer assumes from Owner all obligations existing under this Resale Agreement. Until Owner makes such assignment, no obligations of Owner will be waived, Any waiver extended by the City to Owner pursuant to this Section shall apply only to Owner and only to the particular Transfer transaction relating to such Qualified Buyer, and shall not automatically apply to any subsequent owner. (b) Disclosures and Submittal Owner and Owner's Proposed Purchaser shall provide the following information to the City: (i) The name, address, and telephone number of the Proposed Purchaser. (ii) A copy of the Proposed Purchaser's federal income tax return for the taxable year immediately preceding the proposed purchase of an Subject Affordable Unit and current income information such as wage statements or, if the Proposed Purchaser certifies and declares under penalty of perjury that he or she did not file a federal tax return, other evidence of Gross Income for such year acceptable to the City in its sole discretion and current income information such as wage statements, to substantiate that the Proposed Purchaser meets the eligibility requirements of a Qualified Buyer as set forth in Section 10. In the event the City is unable to make a determination that a Proposed Purchaser is a Qualified Buyer based upon the information provided, the Proposed Purchaser shall be determined not to meet the requirements of Qualified Buyer and shall be disqualified from purchase. (iii) A written certification from Owner and the Proposed Purchaser, in a form acceptable to City, that certifies that neither the Proposed Purchaser nor any other party has paid nor will pay to Owner, and Owner has neither received nor will receive from the Proposed Purchaser or any other party, money, benefit, thing of value, or other consideration in addition to what is set forth in the sales contract and documents submitted to City, including personal property. c_ Transfer to Proposed Purchaser Who is Not a Qualified Buyer Owner shall not Transfer the Subject Affordable Unit in a transaction to a Proposed Purchaser who is not a Qualified Buyer. ATTYIAGR12010. C79aResale Restriction Agr 09/27110 WE