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3.3 Remedies Cumulative; Inaction Not a Waiver. The exercise by City of one or more remedy shall not preclude the exercise by it, at the same or different time, of any other remedy for the same or any other default hereunder. Na failure or delay by City in asserting any of its rights and remedies as to any default shall operate as a waiver of such default or of any such rights or remedies, nor deprive City of its rights to institute and maintain any action or proceeding which it may deem necessary to protect, assert or enforce any such rights or remedies in the same or any subsequent default. ARTICLE IV HOME PROGRAM REQUIREMENTS 4.1 HOME Laws & Regulations. Borrower shall comply with all applicable HOME Program Regulations and any applicable successor state or federal laws or regulations, all as amended and in effect from time to time, including(but not limited to)the requirements set forth in this Agreement and/or the Regulatory Agreement. In the event of any conflict between this Agreement and applicable laws and regulations governing the HOME Program and the use of the Loan proceeds, the applicable HOME Program laws and regulations shall govern. The Borrower agrees to enter into any modification of this Agreement and/or the Regulatory Agreement reasonably required by the City to attain compliance with the requirements of the HOME Program. Borrower acknowledges and agrees that it has reviewed the HOME Program Regulations in effect as of the date of execution of this Agreement. 4.2 Specific Requirements. The laws and regulations governing the HOME Program and the use of the HOME Loan include(but are not limited to) the following: (I) Environment and Historic Preservation. Section 104(0 of the Housing and Community Residence Act of 1974 and 24 CFR Part 58; which prescribe procedures for compliance with the National Environmental Policy Act of 1969(42 U.S.C.4321-4361),and the additional laws and authorities listed at 24 CFR 58.5. The historic preservation requirements set forth in the National Historic Preservation Act of 1966,as amended and the procedures set forth in 36 CFR Part 800. (2) Applicable OMB Circulars. The applicable policies,guidelines,and requirements of OMB Circulars Nos. A-87, A-102 (Revised), A-I 10, A-122, and A-I28. (3) Lead-Based Paint. The requirements of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the residential Lead- Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35. (4) Relocation. The requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C.4601 et seq.)and implementing regulations at 49 CFR Part 24; Section 104(d) of the Housing and Community Development Act of 1974 and implementing regulations at 24 CFR 92.353;and California Government Code Section 7260 et seq.. and implementing regulations at 25 California Code of Regulations Sections 6000 et seq.. I f and to the extent that acquisition and rehabilitation of the Project results in the pernianent or temporary displacement of residential tenants,homeowners,or businesses,then the Borrower shall comply with all applicable local, state and federal statutes and regulations with respect to relocation planning, 2220130.1 Page 13