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99315159 SECTION 10. CHANGE OF USE Property shall be used as specified under Section 4 for the term of this Agreement. SECTION 11. DEFAULTS: REMEDIES If Recipient shall default in the performance of any other term, covenant, or agreement contained in this Agreement, and such default shall continue unremitting for thirty (30) days after written notice thereof shall have been given to the Recipient by the City, provided, however, that if such default cannot reasonably be cured in 30 days, Recipient shall provide the City with a written explanation of proposed efforts to cure the default and within five (5) days after approval of such explanation by the City, Recipient shall commence to cure and thereafter diligently pursuant such cure, the City shall be entitled to and in addition to all other remedies provided by law or in equity: a. To compel specific performance by Recipient of its obligations under this Regulatory Agreement, it being recognized that the beneficiaries of the Recipient's obligations hereunder cannot be adequately compensated by monetary damages in the event of the Recipient's default; b. To the extent permissible under laws and regulations protecting individual confidentiality, to have access to, to inspect, and to make copies and to audit all books and records of the Recipient pertaining to the Project; c. To conduct an evaluation of, and direct the Recipient with respect to, the management and operation of the Project in accordance with this Agreement. The reasonable expenses of the City or any consultants associated with such evaluation and direction shall be reimbursed by the Recipient. The Recipient shall follow all such directives, which may, at the option of the City, include replacing existing management with new management. In the event such default includes the failure of the Recipient to make any required payment to the City in a timely manner, or the imminent closure of the Project, the City may at its sole discretion select the new management. The City may retain attorneys and consultants to assist in such evaluation and the Recipient shall pay the reasonable fees and expenses of such attorneys of consultants and any other expenses incurred by the City in that connection. 6