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(d) Pursue any and all other remedies available under this Agreement or under <br /> law or equity to enforce the terms of the City Documents and City's rights thereunder. <br /> 9.5 Borrower's Remedies Upon an Event of City Default. Upon the occurrence of an <br /> Event of City Default, in addition to pursuing any other remedy allowed at law or in equity or <br /> otherwise provided in this Agreement, Borrower may bring an action for equitable relief seeking <br /> the specific performance of the terms and conditions of this Agreement, and /or enjoining, <br /> abating, or preventing any violation of such terms and conditions, and /or seeking to obtain any <br /> other remedy consistent with the purpose of this Agreement, and may pursue any and all other <br /> remedies available under this Agreement or under law or equity to enforce the terms of the City <br /> Documents and Borrower's rights thereunder. <br /> 9.6 Remedies Cumulative; No Consequential Damages. Except as otherwise <br /> expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the <br /> exercise by either Party of one or more of such rights or remedies shall not preclude the exercise <br /> by it, at the same or different time, of any other rights or remedies for the same or any other <br /> default by the other Party. Notwithstanding anything to the contrary set forth herein, a Party's <br /> right to recover damages in the event of a default shall be limited to actual damages and shall <br /> exclude consequential damages. <br /> 9.7 Inaction Not a Waiver of Default. No failure or delay by either Party in asserting <br /> any of its rights and remedies as to any default shall operate as a waiver of such default or of any <br /> such rights or remedies, nor deprive either Party of its rights to institute and maintain any action <br /> or proceeding which it may deem necessary to protect, assert or enforce any such rights or <br /> remedies in the same or any subsequent default. <br /> 9.8 Rights of' Limited Partners. Provided that City has been given the address for <br /> such notices, whenever City delivers any notice of default hereunder, City shall concurrently <br /> deliver a copy of such notice to Borrower's limited partner(s) in accordance with Section 11.3. <br /> The limited partner(s) shall have the same right as Borrower to cure or remedy any default <br /> hereunder. <br /> ARTICLE <br /> INDEMNITY AND INSURANCE <br /> 10.1 Indemnity. Borrower shall indemnify, defend (with counsel reasonably approved <br /> by City) and hold Indemnitees harmless from and against any and all Claims, including without <br /> limitation, Claims arising directly or indirectly, in whole or in part, as a result of or in connection <br /> with Borrower's or Borrower's contractors, subcontractors, agents or employees development, <br /> construction, improvement, operation, ownership or maintenance of the Project or the Property, <br /> or any part thereof or otherwise arising out of or in connection with Borrower's performance <br /> under this Agreement. Borrower's indemnification obligations under this Section 10.1 shall not <br /> extend to Claims resulting solely from the gross negligence or willful misconduct of <br /> Indemnitees. The provisions of this Section 10.1 shall survive the expiration or earlier <br /> termination of this Agreement. It is further agreed that City does not and shall not waive any <br /> rights against Borrower that they may have by reason of this indemnity and hold harmless <br /> 1755895.3 26 <br />