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USER AGREEMENT (For Tax Credit Property Owners)
This User Agreement (the "Agreement") is entered into this ______ day of _________________, 20____
by and between New Jersey Housing and Mortgage Finance Agency, located at 637 South Clinton
Avenue, Trenton, NJ 08650 (“HMFA”), and with its
principal place of business at _____________________ (“User/Owner”) for project
known as _______________________________________, Property # ___________, LITC# ________
1. Scope of Agreement
(a) This Agreement sets forth User’s rights and obligations in connection with its use of and
access to HMFA’s electronic MITAS Internet Low Income Housing Tax Credit system (hereinafter the
"System”). User acknowledges that it has reviewed, before executing this Agreement, HMFA’s
Procedures Manual which describes and governs System operating procedures. HMFA reserves the right,
on reasonable notice to User and without User’s consent, to modify such Procedures Manual. Such notice
and modifications will be provided pursuant to the procedures set forth in this Agreement, on the System
or by other electronic means, in HMFA’s sole discretion.
(b) User’s use of the System is subject to, and must be consistent with, the terms and conditions
of the Deed of Easement and Restrictive Covenant for Extended Low Income Occupancy by and between
Owner and HMFA, together with any amendments thereto (the “Covenant”) or other applicable
agreements in effect with HMFA, which govern the existing relationship between HMFA and User for
monitoring tax credit compliance. All transactions performed on the System will be conducted in a
manner consistent with such existing Covenant(s). In the event of a conflict between this agreement and
the Covenant with HMFA, the latter shall control.
(a) HMFA hereby grants User the right to access the System solely for the following purposes: 1)
processing tenant transaction data (i.e. Building Status Report); 2) tax credit compliance reporting: and 3)
form printing (collectively, “Permitted Uses”) and otherwise in accordance with the processes set forth in
the Procedures Manual. For the purposes of this Agreement, the term “Information” shall mean any data
entered by User, its officers, employees and/or agents, into the System (including user names and
passwords), and all information viewable on the System by User, its officers, employees and/or agents.
(b) User acknowledges and agrees that the System and the Information are the valuable
intellectual property of HMFA and others, and that other than the access granted hereunder, User obtains
no rights in or to the System or the Information. HMFA owns all right, title and interest in the data posted
to the System by User. User acknowledges and agrees that HMFA owns all right, title and interest,
including all intellectual property rights, in the aggregate data posted to the System.
(c) User shall not use any of the trademarks, trade names or service marks used by or in
connection with the System in any manner without the prior written consent of HMFA.
(a) Access to the System, and the Information contained therein, is being provided to User solely
and exclusively for its own internal use subject to the terms hereof. User agrees that it will not, and will
not permit, any person under its control to recirculate, republish or otherwise provide Information or
access to the System to any third party, including but not limited to, through written, oral or electronic