Laserfiche WebLink
and the fee owner of the Property, the cure periods specified herein shall commence <br />upon the date of delivery of such notice in accordance with Subsection 11.3. <br />9.2 Remedies. Upon the occurrence of an Event of Developer Default and its <br />continuation beyond any applicable cure period, Agency may proceed with any of the <br />following remedies: <br />(a) Bring an action for equitable relief seeking the specific <br />performance of the terms and conditions of this Agreement, and/or enjoining, abating, <br />or preventing any violation of such terms and conditions, and/or seeking declaratory <br />relief; <br />(b) Accelerate and declare the balance of the Note and interest <br />accrued thereon immediately due and payable and proceed with foreclosure under the <br />Deed of Trust; <br />(c) For violations of obligations with respect to rents for Restricted <br />Units, impose as liquidated damages a charge in an amount equal to the actual amount <br />collected in excess of the Affordable 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 <br />Agency may exercise from time to time any rights and remedies available to it under <br />applicable law or in equity, in addition to, and not in lieu of, any rights and remedies <br />expressly provided in this Agreement. <br />10. Indemnity. Owner shall indemnify, defend (with counsel approved by Agency) <br />and hold Agency, the City, and their respective elected and appointed officers, officials, <br />employees, agents, and representatives (collectively, the "Indemnitees") harmless <br />from and against all liability, loss, cost, expense (including without limitation attorneys' <br />fees and costs of litigation), claim, demand, action, suit, judicial or administrative <br />proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing <br />collectively "Claims") arising directly or indirectly, in whole or in part, as a result of or in <br />connection with Owner's construction, management, or operation of the Property and <br />the Project or any failure to perform any obligation as and when required by this <br />Agreement. Owner's indemnification obligations under this Section 10 shall not extend <br />to Claims resulting from the gross negligence or willful misconduct of one or more <br />Indemnitees. The provisions of this Section 10 shall survive the expiration or earlier <br />termination of this Agreement. tt is further agreed that Agency does not and shall not <br />waive any rights against Owner that it may have by reason of this indemnity and hold <br />harmless agreement because of the acceptance by Agency, or the deposit with Agency <br />by Owner, of any of the insurance policies described in this Agreement or the OPA. <br />11. Miscellaneous. <br />11.1 Amendments. This Agreement may be amended or modified only by a <br />nec~ia-~_ 16 <br />