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6.1.E. - Page 33 Th� notice to Quvr�er sha(I be sen# in the manner set forth in Secfion 21 of tti�s Resa�e Resfriction Agreement, ff the City does not respond to Owner within said farty-five {45)- day period or spscifical�y declines ta purchase the S�bject Affordab[e Uni# within such time, Owne� may proceed with a sale fo a new Qualified Buyer at the Deed-Restricted Resafe Price. !n the event the City elect� to purchase the Sub��ct AfFordable Unit, Owner and the City shall, w�thir� twenty (20} days, enter �nto a purchase agr�emer�t for the sale of the Subject Affordable Unit to the City at #he Deed-Restricted Resale Price. The purchase agreement shall identify the terms under whic� the Subject A�fordabf� Unit will he sold ta the City, including without limitation, the Daed-Restricked Resafe Price, periocl� for proper#y physical, environmer�tal and #itle inspectEOns and approval which shall be no fess tF�at fifteen �'f 6j days, eqval s�tarir�g of escraw expenses, and an escraw period whicf� shall not exce�d sixry {60) days ur�less othen+vise rr�utually agreed by t�e �arties. TF�e sale shal! be contingent upon the Cify's approval of the physica! and environmenta! cond�tion of the Sublect Af�ordabfe Unit and c;andition of title. Thfs Sectian 9 shall nat �e construed or Understovd to canfer any rights upon any third parti�s, including withoc�k limitation, Owner's lender, and exists solely for the beneft �f the City ar�d its ass�gnees. At any time within the ninety (SO}-day pe�od r�ferred to in Section 8 above, even after the City natifies awner of its interest in purchasing �he Suhject Affordable Unit, #he Crty may assign i�s right to purc�ase the Subjeat Affordab[e Unit to a person or ent��r af its choosin�. The City may re-assign its righf to purchase to s�cceedir�g persons or entities Qf its choosing in the event that ttte initiai assignee withdraws ar is disqualified from the purchase, provid�d t#�at the close af escrow is wifihin the nriginaf period agreed to by and be#ween Owner and the City, or such additior�al period as is agreed to t�y Owner. lf the City or an assignee of the City fails tp compiete the purchase for any reason, the City may withdraw#ram the purchase withou��enalty or �iability and Owner may sell the Subject Affordabl� iJnit to a Quali�ed Buyer as it the City had failed to exercise its aption. '!0. �t�alified Bu� A Proposed Purchas�r wF�o meets the following requirements shall be cansidered a Qual�ied Buyer: (a) TMe Proposed Purchaser shal! certify that the 5�bject Affordabfe Unit will be occu�ied as the purchaser's Princi�al Residence, �s defined in 5ectian 4 0#this Resale Restriction�greement, (b) The combfned maximum incorne fc�r al! househald mernb�rs of the Praposed Purchaser shail naf exceed one hundred twenty percent (120%) of the then rnedian yearEy irtcorne adjusted for family si�e, for a family in Sa� Mat�p Cour�ty as publfshed by the United States Department of Housing and Urban Development ("HUD") from time to time. In the e�ent that such income determinatior�s are no longer published, or F�ave not besn updated for a period of at least �ighteen months, the City may use ar �evelop such ather reasvnable methad �s it may choase in order to