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<br />e. Notice of Abandonment. If the City fails to deliver a Notice of Exercise or Consent <br />to Transfer within the above-stated time periods, then the Option shall terminate and have no further force <br />and effect. Thereafter, upon request by Owner, the City shall cause to be filed for recordation in the Office <br />of the Recorder of Alameda County, a notice of abandonment, which shall declare that the provisions of the <br />Option are no longer applicable to the Property. If the City fails to record a notice of abandonment, the sole <br />remedy of Owner shall be to obtain a judicial order instructing prompt recordation of such a notice. <br /> <br />f. Liquidated Damaqes. In the event the City chooses not to exercise its Option and <br />no qualified Owner is found willing and able to purchase the Property, the City shall retain or recover from <br />Owner the surplus, if any, as its property without any deduction, offset or recoupment whatsoever. If the <br />Owner should sell the Property at market rate to an Owner who shall receive title free and clear of the <br />provisions of this Agreement, then the damages suffered by the City by reason thereof would be uncertain. <br />Such damages would involve the replacement costs for another affordable unit, and the expenses of <br />continuing the ownership and control of the Property by the City; postponement of tax revenues therefrom <br />to the community; and the failure of the City to effect its purposes and objectives within a reasonable time, <br />resulting in additional immeasurable damage and loss to the City and the community. It is impractical and <br />extremely difficult to fix the amount of such damages to the City, but the Parties are of the opinion, upon the <br />basis of all information available to them, that such damages would exceed the amount of any projected <br />surplus as the total of all liquidated damages and not as a penalty. In the event that this section should be <br />held to be void for any reason by a court of law, the City shall be entitled to seek the full extent of damages <br />otherwise provided by law. <br /> <br />The Owner and the City specifically acknowledge this liquidated damages provision by their signatures <br />here: <br /> <br /> <br />Owner: <br /> <br />7. Riqht to Reinstatement. If the Option Event is the recordation of a notice of default, then <br />the City shall be deemed to be Owner's successor in interest under California Civil Code Section 2924c (or <br />successor section) solely for purposes of reinstatement of any mortgage on the Property that has led to the <br />recordation of the notice of default. As Owner's deemed successor in interest, the City shall be entitled to <br />pay all amounts of principal, interest, taxes, assessments, homeowners' association fees, insurance <br />premiums, advances, costs, attorneys' fees and expenses required to cure the default. If the City exercises <br />the Option, then any and all amounts paid by the City pursuant to this Section shall be treated as <br />Adjustments to the Base Resale Price for the Property, as defined in Section 12, below. <br /> <br />8. Inspection of Property. After receiving a Notice of Intent to transfer or delivering a Notice <br />of Exercise, the City shall be entitled to inspect the Property one or more times prior to the close of escrow <br />to determine the amount of any Adjustments to the Base Resale Price. Before inspecting the Property, the <br />City shall give Owner not less than forty-eight (48) hours written notice of the date, time and expected <br />duration of the inspection. The inspection shall be conducted between the hours of 9:00 a.m. and 5:00 <br />p.m., Monday through Friday, excluding court holidays, unless the parties mutually agree in writing to <br />