Agmt 2006 Mercy Housing California XXXIII (4)

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(unless a lesser time period is permitted for cure under any other mortgage on the Property, in which event such lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant to such sequestration, attachment, or execution; 1. The Developer shall have voluntarily suspended its business or Developer's partnership shall have been dissolved or terminated; or m. If Developer defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 10.3 and unless a shorter cure period is specified for such default, the default continues for ten (10) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which Agency shall have given written notice of the default to Developer; provided however, if the default is of a nature that it cannot be cured within 30 days, a Developer Event of Default shall not arise hereunder if Developer commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than 120 days after receipt of notice of the default. Upon Developer's default under this Agreement, the Agency shall provide written notice of the purported breach, and unless a shorter cure period is specified above or in the case of a Developer Event of Default arising under clauses (c) through (1) above, Developer shall have ten (10) days in the event of a monetary default and thirty (30) days in the event of a non- monetary default after the date upon which Agency shall have given written notice of the default to Developer to cure such default; provided however, if a non-monetary default is of a nature that it cannot be cured within 30 days, a Developer Event of Default shall not arise hereunder if Developer commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than 120 days after receipt of notice of the default. 10.4 Legal Actions. Subject to the limitations set forth in Section 10.2, upon the occurrence of a default and the expiration of the applicable cure period the nondefaulting party shall have the right, in addition to any other rights or remedies, to institute any action at law or in equity to cure, correct, prevent or remedy any default, to recover damages for any default or to obtain any other remedy consistent with the purpose of this Agreement. Any such legal actions shall be filed in the Superior Court of Alameda County, California or in the Federal District Court for the Northern District of California. 10.5 Remedies Cumulative: No Waiver. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties hereunder are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by either Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default. Failure or delay by either Party in providing a notice of default shall not constitute a waiver of any default. 10.6 Construction Plans. If this Agreement is terminated pursuant to Section 10.1 or 10.3, the Developer, at no cost to the Agency, shall deliver to the Agency copies of any construction plans and studies in the Developer' possession or in the possession of the Developer's 803698-6 33