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• <br /> • <br /> (c) Subject to Owner's right to contest the following charges, Owner's failure <br /> to pay taxes or assessments due on the Property or the Project or failure to pay any other charge <br /> . that 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 (30) 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 /> 1538954.5 13 <br />