Common use of Selection of Tenants Clause in Contracts

Selection of Tenants. (a) Borrower shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by Governmental Lender Executive Director in his reasonable discretion, pursuant to which Borrower shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan and the Management Plan, which plans are required to be submitted by Borrower and approved by Governmental Lender. Throughout the remainder of the Qualified Project Period, Borrower shall establish and maintain for the Project waiting lists of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender shall be afforded a priority marketing period for thirty (30) days after receiving written notice from Borrower that one or more Housing Units will become vacant at the Project, during which time Governmental Lender and Borrower shall work cooperatively to select tenants for any vacant Housing Units at the Project. Borrower shall provide prompt written notice to Governmental Lender when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Subject to applicable Fair Housing Laws, Borrower’s waiting list of prospective, eligible tenants for Housing Units at the Project shall include and follow the following order of priority for selection of tenants, and Governmental Lender will follow such order of priority:

Selection of Tenants. (a) Borrower shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by Governmental Lender Executive Director in his reasonable discretion, pursuant to which Borrower shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan and the Management Plan, which plans are required to be submitted by Borrower and approved by Governmental Lender. Throughout the remainder of the Qualified Project Period, Borrower shall establish and maintain for the Project waiting lists of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender shall be afforded a priority marketing period for thirty (30) days after receiving written notice from Borrower that one or more Housing Units will become vacant at the Project, during which time Governmental Lender and Borrower shall work cooperatively to select tenants for any vacant Housing Units at the Project. Borrower shall provide prompt written notice to Governmental Lender when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Subject to applicable Fair Housing LawsLaws and Internal Revenue Code Sections 42, 103 and 141 and the rules and regulations governing such sections, Borrower’s waiting list of prospective, eligible tenants for Housing Units at the Project shall include and follow the following order of priority for selection of tenants, and Governmental Lender will follow such order of priority:

Selection of Tenants. (a) Borrower shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by Governmental Lender the Issuer’s Executive Director in his or her reasonable discretion, pursuant to which Borrower shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan and the Management Plan, which plans are required to be submitted by Borrower and approved by Governmental LenderIssuer. Throughout the remainder of the Qualified Project Period, Borrower shall establish and maintain for the Project waiting lists of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender Issuer shall be afforded a priority marketing period for thirty (30) days after receiving written notice from Borrower that one or more Housing Units will become vacant at the Project, during which time Governmental Lender Issuer and Borrower shall work cooperatively to select tenants for any vacant Housing Units at the Project. Borrower shall provide prompt written notice to Governmental Lender Issuer when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Subject to applicable Fair Housing LawsLaws and Internal Revenue Code Sections 42, 103 and 141 and the rules and regulations governing such sections, Borrower’s waiting list of prospective, eligible tenants for Housing Units at the Project shall include and follow the following order of priority for selection of tenants, and Governmental Lender Issuer will follow such order of priority:

Selection of Tenants. (a) Borrower shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by the Governmental Lender Lender’s Executive Director in his or her reasonable discretion, pursuant to which Borrower shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan and the Management Plan, which plans are required to be submitted by Borrower and approved by Governmental Lender. Throughout the remainder of the Qualified Project Period, Borrower shall establish and maintain for the Project waiting lists of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender shall be afforded a priority marketing period for thirty (30) days after receiving written notice from Borrower that one or more Housing Units will become vacant at the Project, during which time Governmental Lender and Borrower shall work cooperatively to select tenants for any vacant Housing Units at the Project. Borrower shall provide prompt written notice to Governmental Lender when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Plan, the Management Plan and Anaheim Municipal Code. Subject to applicable Fair Housing LawsLaws and Internal Revenue Code Sections 42, 103 and 141 and the rules and regulations governing such sections, Borrower’s waiting list of prospective, eligible tenants for Housing Units at the Project shall include and follow the following order of priority for selection of tenants, and Governmental Lender will follow such order of priority:

Selection of Tenants. (a) Borrower Developer shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by Governmental Lender Authority Executive Director in his her reasonable discretion, pursuant to which Borrower Developer shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan and the Property Management Plan, which plans are required to be submitted by Borrower Developer and approved by Governmental LenderAuthority pursuant to Sections 2.2, 4.8 and 4.11.2 hereof and the Ground Lease for Phase II and as a Condition Precedent to the Closing. Throughout the remainder Affordability Period and the Term of the Qualified Project PeriodGround Lease, Borrower Developer shall establish and maintain for the Project Phase II such waiting lists list of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Plan, the Property Management Plan and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender Authority shall be afforded a priority marketing period for thirty (30) days after receiving written notice from Borrower Developer that one or more Housing Units will have become vacant at the ProjectPhase II, during which time Governmental Lender Authority and Borrower Developer shall work cooperatively to select tenants for any vacant Housing Units at the ProjectPhase II. Borrower Developer shall provide prompt written notice to Governmental Lender Authority when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Plan, the Property Management Plan and Anaheim Municipal Code. Subject to applicable Fair Housing Laws, BorrowerDeveloper’s waiting list of prospective, eligible tenants for Housing Units at the Project Phase II shall include and follow the following order of priority for selection of tenants, and Governmental Lender Authority will follow such order of priority:

Selection of Tenants. (a) Borrower Developer shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by Governmental Lender Authority Executive Director in his her reasonable discretion, pursuant to which Borrower Developer shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan and the Property Management Plan, which plans are required to be submitted by Borrower Developer and approved by Governmental LenderAuthority pursuant to Sections 2.2, 4.8 and 4.11.2 hereof and the Ground Lease for Phase I and as a Condition Precedent to the Closing. Throughout the remainder Affordability Period and the Term of the Qualified Project PeriodGround Lease, Borrower Developer shall establish and maintain for the Project Phase I such waiting lists list of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Plan, the Property Management Plan and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender Authority shall be afforded a priority marketing period for thirty (30) days after receiving written notice from Borrower Developer that one or more Housing Units will have become vacant at the ProjectPhase I, during which time Governmental Lender Authority and Borrower Developer shall work cooperatively to select tenants for any vacant Housing Units at the Project. Borrower Phase I. Developer‌ shall provide prompt written notice to Governmental Lender Authority when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Plan, the Property Management Plan and Anaheim Municipal Code. Subject to applicable Fair Housing Laws, BorrowerDeveloper’s waiting list of prospective, eligible tenants for Housing Units at the Project Phase I shall include and follow the following order of priority for selection of tenants, and Governmental Lender Authority will follow such order of priority:

Selection of Tenants. “(a) Borrower Developer shall be responsible for the selection of tenants for the Housing Units in compliance with all lawful and reasonable criteria, and shall adopt a tenant selection system that shall be approved (or disapproved) by Governmental Lender Authority Executive Director in his her reasonable discretion, pursuant to which Borrower Developer shall establish and maintain a chronological waiting list system for selection of tenants in the order of priority set forth below, and which shall be set forth in the Marketing and Tenant Selection Plan Program and the Property Management Plan, which plans program and plan are required to be submitted by Borrower Developer and approved by Governmental LenderAuthority pursuant to Sections 202, 408 and 411.2 hereof for the Manchester Project and as a Condition Precedent to the Closing. Throughout the remainder of the Qualified Project Affordability Period, Borrower Developer shall establish and maintain for the Manchester Project such waiting lists list of eligible, prospective tenants to facilitate re-tenanting Housing Units in compliance with the approved Marketing and Tenant Selection Program, Property Management Plan, the Management Plan City Covenants and Anaheim Municipal Code. Further, subject to applicable Fair Housing Laws and in compliance with the City Covenants and the Anaheim Municipal Code, in particular Section 18.52.160 thereof, Governmental Lender Authority shall be afforded a priority marketing period for thirty first right of refusal in referring eligible tenants to Housing Units, which Authority may exercise at any time within sixty (3060) days after receiving written notice from Borrower Developer that one or more Housing Units will have become vacant at the Project, during which time Governmental Lender and Borrower shall work cooperatively to select tenants for any vacant Housing Units at the Manchester Project. Borrower Developer shall provide prompt written notice to Governmental Lender Authority when vacancies of Housing Units occur to facilitate timely re-tenanting of Housing Units pursuant to the approved Marketing and Tenant Selection Program, Property Management Plan, the Management Plan City Covenants and Anaheim Municipal Code. Subject to applicable Fair Housing Laws, BorrowerDeveloper’s waiting list of prospective, eligible tenants for Housing Units at the Manchester Project shall include and follow the following order of priority for selection of tenants, and Governmental Lender Authority will follow such order of priority: