Orange County NC Website
(c) The release of all or part of the Mortgaged Property or the release of any party <br />who assumes all or any part of such performance; <br />(d) Any act or omission by the County (but this provision does not relieve the County <br />of any of its obligations under this Agreement); <br />(e) The sale of all or any part of the Mortgaged Property; or <br />(f) Another party's assumption of the affordable housing owner's obligations under <br />this Agreement. <br />ARTICLE III <br />AFFORDABLE HOUSING OWNER'S PAYMENT OBLIGATION AND <br />RELATED MATTERS <br />3.01 P~ ent. The affordable housing owner shall repay the Amount Reimbursed by <br />making Payment to the County in lawful money of the United States at the times and in the <br />amounts set forth in Exhibit D, except as otherwise provided in this Agreement. As indicated in <br />Exhibit D, the Payment reflects the repayment of the Amount Reimbursed and includes the <br />designated interest component. <br />3.02 Additional Payments. The affordable housing owner shall pay all Additional <br />Payments on a timely basis directly to the person or entity to which such Additional Payments <br />are owed in lawful money of the United States. <br />3.03 Late Pa, ments. If the affordable housing owner fails to pay any Payment when <br />due, the affordable housing owner shall pay additional interest on the principal component of the <br />late Payment (as permitted by law) at an annual rate equal to 10% from the original due date. <br />3.04 No Abatement. There shall be no abatement or reduction of the Required <br />Payment, for any reason, including, but not limited to, any defense, recoupment, setoff, <br />counterclaim, or any claim (real or imaginary) arising out of or related to the Site or of the <br />Facilities, except as expressly provided in this Agreement. The affordable housing owner <br />assumes and shall bear the entire risk of completion, 1055 and damage to the Site and the <br />Facilities from any cause whatsoever. The Payment shall be made in all events unless the <br />affordable housing owner's obligation to make Payment is terminated as otherwise provided in <br />this Agreement. <br />ARTICLE IV <br />AFFORDABLE HOUSING OWNER'S COVENANTS, REPRESENTATIONS <br />AND WARRANTIES <br />