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shall have been determined to be applicable to any such Claims Owner's indemnification obligations set forth in this Section (i) shall survive the expiration or earlier termination of this Agreement, and (ii) shall not extend to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees City does not and shall not waive any rights against Owner that it may have by reason of any indemnity and hold harmless provision set forth in this Agreement because of the acceptance by City, or the deposit with City by Owner, of any of the insurance policies described in this Agreement 3 Reporting Requirements, Access to Information, Inspections, Annual Monitoring Fee. 3 1 Tenant Certification. Owner or Owner's authorized agent shall obtain from each household pnor to initial occupancy of each Restncted Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require (i) The identity of each household member, (ii) The total gross household income (as determined pursuant to Section 2 2 and Section 2 2.1(c) above), and (iii) The age of each household member or other basis upon which each household member qualifies for occupancy under California Civil Code Section 51 3 et seq Owner shall retain such certificates for not less than five (5) years, and upon City's request, shall provide copies of such certificates to City and make the originals available for City inspection 3.2 Annual Report, Inspections Following completion of construction of the Project, by not later than June 1 of each year dunng the term of this Agreement, Owner shall submit an annual report ("Annual Report") to the City in form satisfactory to City, together with a certification that the Project is in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, include the following information for each dwelling unit in the Project. (i) unit number, (ii) number of bedrooms, (iii) current rent and other charges, (iv) dates of any vacancies during the previous year, (v) number of people residing in the unit; (vi) total gross household income of residents, (vii) documentation of source of household income, and (viii) the information required by Section 3.1 Owner shall include with the Annual Report, an income recertification for each household, documentation verifying tenant eligibility, and such additional information as City may reasonably request from time to time in order to demonstrate compliance with this Agreement. The Annual Report shall conform to the format requested by City, provided however, dunng such time that the Project is subject to a regulatory agreement restricting occupancy and/or rents pursuant to requirements imposed in connection with the use of state or federal low-income housing tax credits, Owner may satisfy the requirements of this Section that pertain to tenant income certification and rents by providing City with a copy of compliance reports required in connection with such financing. In addition to the information described above, the Annual Report shall include the following. 9 OAK #4832-3506-8205 v4