Laserfiche WebLink
(D) constitute a waiver of any right which City may have under any bankruptcy <br />law to file a claim for the full amount of the indebtedness owed to City under the City Note or to <br />require that the Property and the Improvements shall continue to secure all of the indebtedness <br />owed to City in accordance with the City Note and the City Deed of Trust; or <br />(E) limit or restrict the ability of City to seek or obtain a judgment against <br />Developer to enforce against Developer to: <br />(a) recover under Sections 3.14 3.17 9.2 11.1 12.1, and 12.19 hereof <br />(pertaining to Developer's indemnification obligations), or <br />(b) recover from Developer compensatory damages as well as other costs and <br />expenses incurred by City (including without limitation attorney's fees and expenses) <br />arising as a result of the occurrence of any of the following: <br />(i) any fraud or material misrepresentation on the part of the <br />Developer, or any officer, director or authorized representative of Developer in <br />connection with the request for or creation of the City Loan, or in this Agreement, <br />the Regulatory Agreement or any City Document, or in connection with any <br />request for any action or consent by City in connection with the City Loan; <br />(ii) any failure to maintain insurance on the Property and <br />Improvements as required pursuant to this Agreement, the Regulatory Agreement <br />and the City Documents; <br />(iii) failure to pay taxes, assessments or other charges which may <br />become liens on the Property or Improvements; <br />(iv) the presence of hazardous or toxic material or waste on the <br />Property or other violation of the Developer's obligations under Section 9.1 <br />hereof or those sections of the City Deed of Trust pertaining to environmental <br />matters; <br />(v) the occurrence of any act or omission of Developer that results in <br />waste to or of the Property or the Improvements and which has a material adverse <br />effect on the value of the Property or the Improvements; <br />(vi) the removal or disposal of any personal property or fixtures or the <br />retention of rents, insurance proceeds, or condemnation awards in violation of the <br />City Deed of Trust; <br />(vii) the material misapplication of City Loan Proceeds; and <br />(viii) the material misapplication of the proceeds of any insurance policy <br />or award resulting from condemnation or the exercise of the power of eminent <br />domain or by reason of damage, loss or destruction to any portion of the Property <br />or the Improvements. <br />956070-4 16 <br />