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04/08/2013 but any such waiver shall not be deemed a waiver of any previous or subsequent breaches. 6. Affirmative Marketinq: Projects containing five or more units, regardless of funding source, must comply with affirmative marketing responsibilities that meet federal and state requirements. Projects with five or more HOME-assisted units must also comply with affirmative marketing standards enumerated at HOME regulation 24 CFR 92.35. If applicable, Contractor shall submit affirmative marketing plan to City prior to disbursement of funds under this Agreement. 7. Leases. Tenant Protection and Selection: Tenant selection and leases for HOME- assisted units shall comply with provisions enumerated at HOME 24 CFR 92.253 and 24 CFR 92.254. Contractor must adhere to a fair lease and grievance procedure pursuant to 24 CFR 92.303 and must provide a plan for and follow a program of tenant participation in management decisions. Said plan shall be submitted to the City prior to or at the time Contractor signs this agreement. Contractor shall adopt written tenant selection policies and criteria that are consistent with the purpose of providing housing for very low-income and low-income families; are reasonably related to program eligibility and the applicants' ability to perForm the obligations of the lease; provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and give prompt written notification to any rejected applicant of the grounds for any rejection. 8. Environmental Review: City shall conduct the necessary environmental review consistent with NEPA regulations to commit and disburse funds under this agreement. 9. Reversion of Assets: If Contractor elects to sell the property or discontinue the affordable housing program and not perform the conditions of this Agreement Contractor shall pay to the City the sum of Four Hundred Fifty Thousand and no /100 Dollars and any additional sums due to the City pursuant to this Agreement. 10. Non Profit Status of Contractor: Contractor agrees to maintain its status as a nonprofit corporation and that its failure to do so shall be grounds for termination of this Agreement, and acceleration of the Note. 11. Compliance With Federal Laws And Requlations: Contractor, to the extent applicable to this Agreement, shall comply with the following Federal laws and regulations as set forth in 24 CFR Sec. 570.600-570.612 (September 6, 1988): a. Title VI of the Civil Rights Act of 1964, which provides that no person in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, including community development funds, on the grounds of race, color, or national origin. b. Fair Housing Act (42 U.S.C. 3601- 20), which provides that it is the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States and prohibits any person from discriminating in the sale, rental, or ATTY/AGR/2013.043/KAINOS-1033 REDWOOD AVE REV:03-28-13 VR Page 19 of 34 RESO.#15256 MUFF#304