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r,,- ~ .. 4.0 Covenants to Run with the Land. 4.1 Covenants, Reservations, Restrictions. Developer hereby subjects an affordable unit to the covenants, reservations and restrictions set forth in this Agreement and the Resale Restrictions, a true and correct copy of which is attached hereto as Exhibit C and the terms of which are incorporated herein by this reference. City and the Developer hereby declare their express intent that all such covenants, reservations and restrictions shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors in title to an affordable unit. All covenants without regard to technical classification or designation shall be binding for the benefit of City, and such covenants shall run in favor of City for the entire term of this Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying an affordable unit or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions set forth in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 4.2 Attorneys' Fees. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition or covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover costs of suit, including reasonable attorney's fees, as may be fixed by the court rendering judgment. Attomey's fees shall include attorney's fees on any appeal. 4.3 Amendments. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successor in title, and duly recorded in the real property records of the County of Alameda, California. 5.0 Future Enforcement by City. The parties hereby agree that City shall have the right to enforce all of the terms and conditions herein. 6.0 General Provisions. 6.1 Modification. No modification to this Agreement shall be binding upon any party unless such modification is in writing and is signed by the party to be bound. 6.2 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Developer and City and each of their respective successors and assigns. 6.3 Goveminq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.4 Severability. If any provision of this Agreement, or application therefore to any person or circumstance, shall to any extent be determined to be invalid, then such provision shall be modified, if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances Page 4 of 26