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SECTION 2. Rules of Construction. Unless the context clearly requires otherwise, <br /> words of the masculine gender shall be construed to include correlative words of the feminine <br /> and neuter genders and vice versa, the words of the singular number shall be construed to include <br /> correlative words of the plural number and vice versa. This Agreement and all the terms and <br /> provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the <br /> validity hereof. <br /> The titles and headings of the sections of this Agreement have been inserted for <br /> convenience of reference only and are not to be considered a part hereof and shall not in any way <br /> modify or restrict any of the terms or provisions hereof and shall never be considered or given <br /> any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any <br /> question of intent shall arise. <br /> Terms and phrases used in this Agreement and not defined herein shall have the <br /> meanings assigned to those terms in the Indenture and the Bond Purchase and Loan Agreement. <br /> SECTION 3. Project Restrictions. The Borrower represents, warrants and agrees that, <br /> until the expiration of the Qualified Project Period: <br /> (a) At no time will either the Borrower or any Related Person occupy a unit in the <br /> Project other than the unit occupied or to be occupied by agents, employees or representatives of <br /> the Borrower reasonably required for the proper maintenance or management of the Project; <br /> (b) The Project consists consist of the acquisition, construction, installation and <br /> equipping of a 179-unit affordable assisted living multifamily housing project and certain <br /> functionally related facilities, for low and moderate income seniors that are to be used on other <br /> than a transient basis and any facilities that are functionally related and subordinate to such units <br /> within the meaning of Sections 142(a)(7) and 142(d) of the Code, and (ii) each unit of which is <br /> to be rented or available for rental (except as permitted to be occupied by Borrower agents, <br /> employees or representatives in (a) above) on a continuous basis to members of the general <br /> public in accordance with the requirements of Sections 142(a)(7) and 142(d) of the Code; <br /> (c) Each dwelling unit in the Project shall consist of separate and complete facilities <br /> for living, sleeping, eating, cooking and sanitation for a person, persons or family; <br /> (d) Affordable Units will be substantially similar to all other units in the Project, and <br /> Lower-Income Tenants will enjoy equal access to all common facilities included in the Project; <br /> (e) The Project and the Affordable Units shall, at all times, be suitable for occupancy <br /> and in compliance with all applicable laws including, without limitation, health, safety and <br /> building codes; <br /> (f) Except as provided in Subsection(i)below, the Borrower certifies that none of the <br /> Proceeds will be used to acquire any property unless such property was or will be first used by <br /> the Borrower. <br /> (i) Subsection (0 hereof does not apply to any building included in the <br /> Project (and the equipment thereof) if the Rehabilitation Expenditures (as such term is <br /> 4 <br />