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verification of homeowner residency, verification of property tax records, and verification of utility billing records. b. Referrals, Complaints, or Tips. The City will follow-up on referrals from other agencies, companies, or individuals that are received by mail, by telephone, or in person, which allege that an owner of an affordable unit is in non-compliance with or otherwise violating program rules. Such follow-up will be made by providing that the referral contains at least one (1) item of information that is independently verifiable. A copy of the written allegation or a summary of the verbal allegation will be placed in the homeowner or renter file. c. Referrals to the City Attorney. In the event of a breach or potential breach of program requirements, the City may institute legal action to enforce performance of such homeowner and renter requirements and to enjoin any actions that violate program requirements. The City's legal remedies may additionally include remedies against homeowners such as: recovering any excess rent that may have been paid to the homeowner; reversing sales not approved by the Agency; and instituting foreclosure proceedings. 1.6 Use of City's Wait List to Locate Buyer. Developer must use the existing wait list for the City's Inclusionary Housing Ownership Program to seek out qualified and eligible homebuyers. Only after the Developer has made a good faith effort to fully utilize the wait list may the Developer seek alternative ways of soliciting eligible homebuyers, but only upon City approval of such alternatives. The City reserves the right to approve all homebuyers selected by the Developer to ensure compliance under the City's Inclusionary Zoning Ordinance. 2. Indemnity. Developer agrees to indemnify, defend and hold harmless City and its officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Developer's failure to perform the terms of this Agreement. Said indemnity shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty which City may be subjected, including without limitation, attorney's fees and costs. 3. Enforcement. 3.1 Events of Default. In the event Developer defaults in the performance or observance of any covenant, agreement or obligation of Developer set forth in this Agreement, and if such default remains uncured for a period of (30) days after written notice thereof shall have been given by City, or, in the event said default cannot be cured within said time period, or Developer has failed to commence to cure such default within said thirty (30) days and diligently prosecute said cure to completion, then City shall declare an "Event of Default" to have occurred hereunder and, at its option, may take one or more of the following steps: (a) By mandamus or other suit, action or proceeding at law or in equity, require Developer to perform its obligation and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of this Agreement. 988076-1 3