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4.3 The resale provision shall remain in effect for the full affordability period—99 <br /> years. <br /> 5. Miscellaneous Provisions. <br /> a. Termination of Agreement.The full benefit of the Project will be realized only <br /> after the completion of the affordability periods for all properties constructed with funds provide <br /> affordable units to low-income families. It is the County's intention that the full public benefit of <br /> this project shall be completed under the auspices of EmPOWERment for the assisted units as <br /> follows: <br /> i. In the event that EmPOWERment is unable to proceed with any aspect of the Project <br /> in a timely manner, and County and EmPOWERment determine that reasonable <br /> extension(s) for completion will not remedy the situation, then EmPOWERment will <br /> retain responsibility for requirements for any dwelling units assisted and County will <br /> make no further payments to EmPOWERment. <br /> ii. In the event that EmPOWERment, prior to the contract completion date, is unable to <br /> continue to function due to, but,not limited to, dissolution or insolvency of the <br /> organization, its filing a petition for bankruptcy or similar proceedings, or is adjudged <br /> bankrupt or fails to comply or perform with provisions of this agreement, then <br /> EmPOWERment shall, upon the County's request, convey to the County the <br /> properties assisted with funds. Conveyance shall be at the sole discretion of County <br /> and on a dwelling unit by dwelling unit basis. <br /> Conveyance of properties shall be on the terms set forth herein: <br /> Conveyance of properties shall occur within thirty (30) days of County and <br /> EmPOWERment's agreement of EmPOWERment's inability to continue as a viable <br /> organization. EmPOWERment shall convey the subject properties to County by <br /> general warranty deed, free and clear of all liens and encumbrances of record except <br /> those which create a beneficial interest in County (Declaration of Restrictive <br /> Covenants and Deed of Trust). <br /> b. Default, Remedies. This Agreement may be terminated by a non-defaulting <br /> party upon an event of default hereunder, after written notice thereof and thirty (30) days grace <br /> period in which the defaulting party may act to cure. As used herein, the term "an event of <br /> default" shall mean and refer to a failure or act of omission by either party with respect to any <br /> undertaking, obligation, covenant or condition as set forth in this Agreement. With respect to <br /> any event of default, the non-defaulting party may exercise any right available to it at law or in <br /> equity with respect to such default. <br /> C. Books and Records. EmPOWERment shall maintain records of its grant <br /> requirements under this contract for ninety-nine (99) years following the contract completion <br /> 4 <br />