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(c) Participant defaults in the performance of any term, provision, covenant or <br />agreement (other than an obligation enumerated in this Article IV) contained in this Agreement or unless a <br />shorter cure period for such default is specified herein, the default continues for ten (10) days in the event <br />of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which <br />City shall have given written notice of the default to Participant (or such longer time as City may agree <br />upon in writing), provided that in each case Participant commences to cure the default within thirty (30) <br />days and thereafter prosecutes the curing of such default with due diligence and in good faith. <br />4.2 REMEDIES AND RIGHTS UPON DEFAULT, Upon the occurrence of an Event of Default, <br />City shall have all remedies available to it under law or equity, including, but not limited to the following, <br />and City may, at its election, without notice to or demand upon Participant, except for notices or demands <br />required by law or expressly required pursuant to this Agreement, exercise one or more of the following <br />remedies: <br />a) Seek specific performance to enforce the terms of this Agreement; <br />b) Accelerate and declare the balance of the Note and interest accrued thereon immediately <br />due and payable; <br />c) Pursue any and all other remedies available under law to enforce the terms of this <br />Agreement and City's rights hereunder. <br />4.3 REMEDIES CUMULATIVE, Each of the remedies provided herein is cumulative and not <br />exclusive of, and shall not prejudice any other remedy provided herein. The City may exercise from time to <br />time any rights and remedies available to it under applicable law, in addition to, and not in lieu of, any <br />rights and remedies expressly granted in this Agreement or in any other instrument or notice, demand or <br />legal process of any kind. <br />ARTICLE V <br />MISCELLANEOUS <br />5.1 NOTICES. All notices to be sent pursuant to this Agreement shall be made in writing, and <br />sent to the Parties at their respective addresses specified below or to such other address as a Party may <br />designate by written notice delivered to the other Party in accordance with this Section. All such notices <br />sent by personal delivery shall be deemed delivered upon receipt and all notices sent first class, postage <br />prepaid, return receipt requested shall be deemed delivered five (5) business days after deposit in the <br />United States mail. <br />City: City of San Leandro <br />835 E. 14~ Street <br />San Leandro, CA 94577 <br />Attn: Tom Liao, Housing/CDBG Manager <br />Fiscal Year 08-09 5 <br />