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A. Bring an action for equitable relief seeking the specific performance of the terms <br />and conditions of this Agreement, and/or enjoining, abating, or preventing any <br />violation of such terms and conditions, and/or seeking declaratory relief; <br />B. Pursuant to the Agency Documents, accelerate and declare the balance of the Note <br />and interest accrued thereon immediately due and payable; <br />C. For violations of obligations with respect to rents for Restricted Units, impose as <br />liquidated damages a charge in an amount equal to the actual amount collected in <br />excess ofthe Qualifying Rent; <br />D. Pursue any other remedy allowed at law or in equity. <br />Each of the remedies provided herein is cumulative and not exclusive. The Agency may <br />exercise from time to time any rights and remedies available to it under applicable Iaw or in <br />equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this <br />Agreement. <br />10. Indemnification. Notwithstanding the insurance coverage required pursuant to the Ground <br />Lease and the DDA, Developer shall defend, indemnify and hold the Agency and its officials, <br />officers, directors, employees, and agents (collectively, the "Indemnified Parties") harmless from <br />and against any and all losses, damages, liabilities, claims, demands, judgments, actions, court <br />costs, and legal or other expenses (including reasonable attorneys' fees) which an Indemnified <br />Party may incur as a result of (i) Developer's failure to perform any obligation as and when <br />required by this Agreement; (ii) any failure of Developer's representations or warranties to be true <br />and complete in all material respects when made; or (iii) any act or omission by Developer, or <br />any of Developer's contractors, subcontractors, agents, employees, licensees or suppliers with <br />respect to the Project or the Properly, except to the extent that such losses are caused by the gross <br />negligence or willful misconduct of such Indemnified Party. Developer shall pay immediately <br />upon an Indemnified Party's demand any amounts owing under the indemnity provided under <br />this Section. The duty of Developer to indemnify includes the duty to defend the Indemnified <br />Party in any court action, administrative action, or other proceeding brought by any third party <br />arising in connection with the Project or the Property with counsel reasonably approved by <br />Agency. Developer's duty to indemnify the Indemnified Parties shall survive the expiration or <br />earlier termination of this Agreement. <br />Miscellaneous. <br />] l .I Amendments. This Agreement may be amended or modified only by a written <br />instrument signed by both Parties. <br />I ] .2 No Waiver. Any waiver by Agency of any term or provision of this Agreement <br />must be in writing. No waiver shall be implied from any delay or failure by Agency to take <br />action on any breach or default hereunder or to pursue any remedy allowed under this Agreement <br />or applicable law. No failure or delay by Agency at any time to require strict performance by <br />Developer of any provision of this Agreement or to exercise any election contained herein or any <br />right, power or remedy hereunder shall be construed as a waiver of any other provision or any <br />806790-6 12 <br />