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(e) Documents. Developer's delivery to City, and City approval of such other documents related to the development and financing of the Project as City may reasonably request, including without limitation, an agreement with an agency that will refer Eligible Households for prospective occupancy of the residential units in the Project; (f) The satisfaction of all conditions set forth in Section 3.7; (g) Escrow for the leasing of the Property to Developer shall have closed or shall close concurrently with the first disbursement; and (h) Requisition. City's receipt of a written requisition from Developer specifying the amount and use of the requested funds, accompanied by copies of third - party invoices, evidence of Developer's payment for services rendered in connection with the work (if applicable), and such other documentation as City may reasonably require, and if applicable, City's inspection and approval of the work that is the subject of the requisition. if City has not approved a requisition within ten (10) business days following its submittal, the requisition shall be deemed rejected. 4.8 No Obligation to Disburse Proceeds Upon Default. Notwithstanding any other provision of this Agreement, the City shall have no obligation to disburse or authorize the disbursement of any portion of the Construction/Permanent Loan Proceeds following: (i) the failure of any of Developer's representations and warranties made in this Agreement or in connection with this Agreement to be true and correct in all material respects; (ii) the termination of this Agreement; or (iii) the occurrence of an Event of Default under any City Document which remains uncured beyond any applicable cure period, or the existence of any condition, event or act which upon the giving of notice or the passage of time or both would constitute an Event of Default under any City Document. 4.9 Assumption of Obligations by Approved Partnership. If Developer proposes to transfer its rights under this Agreement to an Approved Partnership, then upon satisfaction of the requirements set forth in Section 7.4, the Approved Partnership shall: (i) assume Developer's obligations under this Agreement and the other City Documents pursuant to an assignment and assumption agreement in form approved by City, or in City's discretion, an amended and restated version of this Agreement, and (ii) execute and deliver such additional instruments as City shall reasonably require, including without limitation, an amended and restated promissory note and amended and restated deed of trust (or amendments thereto) to evidence such entity's obligation to repay the Construction/Permanent Loan and to secure repayment of the Construction/Permanent Loan by the Project and the leasehold estate in the Property. OAK #4845-1087-0362 v5 16