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11. Assignment and Transfer of Agreement <br />Without the written consent of the Agency and the City, this Agreement is not <br />assignable in whole or in part. Any assignment by Habitat without the written <br />consent of the Agency or City shall be null and void. <br />12. Use of Property <br />Habitat shall use the Property exclusively for construction of ownership housing, <br />as more particularly described in this Agreement, but part of the land may be <br />used for a common building that is owned and maintained by the Homeowner's <br />Association. If Habitat discontinues the above -stated use at the subject Property <br />or any part thereof, or uses the Property or any portion thereof, for purposes <br />other than what has been described in this Paragraph without first obtaining the <br />prior written consent of the City and Agency, the City and Agency may (1) file an <br />injunction to prevent any use of the Property or any part thereof not described in <br />this Agreement; or (2) require Habitat to pay the City and the Agency, upon <br />demand, the fair market value of the Property, or any portion thereof, which is <br />not used for the purpose described in this Agreement. Habitat shall have Thirty <br />(30) Days to cure the default after receipt of a Notice of Default is provided in <br />writing <br />ng by City. Notwithstanding the above, the restrictions imposed upon the <br />Property (as set forth in Section 7, above) shall remain in full force and effect for <br />the term of (30 years) regardless of whether the Beneficiary's mortgagee is paid <br />off before its maturity date. <br />13. RECORDS <br />(1). Habitat agrees to provide to Agency, City, to any Federal or State <br />department having monitoring or reviewing authority, to City's authorized <br />representatives and/or their appropriate audit agencies upon reasonable notice, <br />access to and the right to examine and audit all records and documents <br />necessary to determine compliance with relevant Federal, State, and local <br />statutes, rules and regulations, and this Agreement, and to evaluate the quality, <br />appropriateness and timeliness of services performed. <br />(2). Habitat shall maintain and preserve all records relating to this <br />Agreement in its possession for a period of three (3) years from the date the last <br />unit is transferred to an eligible buyer, or until audit findings, if any, are resolved, <br />whichever is greater. <br />Requirements - h2 <br />FXS;fs <br />04-14-00 <br />