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may result in a lien on the Property or the Project, and Owner's failure to cure such default <br />within ten (10) days. <br />(d) Owner's default in the performance of any term, provision or covenant <br />under this Agreement (other than an obligation enumerated in this Subsection 9. 1 ), and unless <br />such provision specifies a shorter cure period for such default, the continuation of such default <br />for ten (10) days in the event of a monetary default or thirty (3 0) days in the event of a non - <br />monetary default following the date upon which Agency shall have given written notice of the <br />default to Owner, or if the nature of any such non - monetary default is such that it cannot be cured <br />within thirty (30) days, Owner's failure to commence to cure the default within thirty (30) days <br />and thereafter prosecute the curing of such default with due diligence and in good faith, but in no <br />event longer than sixty (60) days from receipt of the notice of default. <br />The limited partners of Owner shall have the right to cure any default of Owner hereunder <br />upon the same terms and conditions afforded to Owner. <br />9.2 Remedies If within the applicable cure period, Owner or its limited partner fails <br />to cure a default or fails to commence to cure and diligently pursue completion of a cure, as <br />applicable, or if a cure is not possible, Agency may proceed with any of the following remedies: <br />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. 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 of the Qualifying Rent; <br />C. Pursue any other remedy allowed at law or in equity. <br />Each of the remedies provided herein is cumulative and not exclusive. The Agency and <br />City may exercise from time to time any rights and remedies available to them under applicable <br />law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in <br />this Agreement. <br />10. Indemnity Owner shall indemnify, defend (with counsel approved by Agency) and hold <br />Agency, the City, and their respective elected and appointed officers, officials, employees, <br />agents, and representatives (collectively, the "Indemnitees ") harmless from and against all <br />liability, loss, cost, expense (including without limitation attorneys' fees and costs of litigation), <br />claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, <br />and damage (all of the foregoing collectively "Claims ") arising directly or indirectly, in whole or <br />in part, as a result of or in connection with Owner's development or management of the Property <br />and the Project. Owner's indemnification obligations under this Section 10 shall not extend to <br />Claims resulting from the gross negligence or willful misconduct of Indemnitees. The provisions <br />of this Section 10 shall survive the expiration or earlier termination of this Agreement. It is <br />further agreed that Agency and City do not and shall not waive any rights against Owner that they <br />may have by reason of this indemnity and hold harmless agreement because of the acceptance by <br />1538954.2 13 <br />