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(b) impair the right of City to bring a foreclosure action, action for specific <br />performance or other appropriate action or proceeding to enable City to enforce and realize upon <br />the Leasehold Deed of Trust, the interest in the Property and the Improvements created thereby <br />and any other collateral given to City in connection with the indebtedness evidenced by the <br />HOME Note, and to name the Developer as party defendant in any such action; <br />(c) be deemed in any way to impair the right of the City to assert the <br />unpaid principal amount of the HOME Loan as a demand for money within the meaning of <br />Section 431.70 of the California Code of Civil Procedure or any successor provision thereto; <br />(d) constitute a waiver of any right which City may have under any <br />bankruptcy law to file a claim for the full amount of the indebtedness owed to City under the <br />HOME Note or to require that the Property and the Improvements shall continue to secure all of <br />the indebtedness owed to City in accordance with the HOME Note and the Leasehold Deed of <br />Trust; or <br />(e) limit or restrict the ability of City to seek or obtain a judgment against <br />Developer to enforce against Developer to: <br />(f) recover under Sections 3.14, 3.17, 9.1, 9.2, 11.1 and 12.2 hereof <br />(pertaining to Developer’s indemnification obligations), or <br />(g) recover from Developer compensatory damages as well as other costs and <br />expenses incurred by City (including without limitation attorney’s fees and expenses) arising as a <br />result of the occurrence of any of the following: <br />(i) any fraud or material misrepresentation on the part of the Developer, or <br />any officer, director or authorized representative of Developer in connection with the request for <br />or creation of the HOME Loan, or in this Agreement, the Regulatory Agreement or any City <br />Document, or in connection with any request for any action or consent by City in connection <br />with the HOME Loan; <br />(ii) any failure to maintain insurance on the Property and Improvements as <br />required pursuant to this Agreement, the Regulatory Agreement and the City Documents; <br />(iii) failure to pay taxes, assessments or other charges which may become <br />liens on the Property or Improvements; <br />(iv) the presence of hazardous or toxic material or waste on the Developer's <br />interest Property or other violation of the Developer’s obligations under Section 9.1 hereof or <br />those sections of the Leasehold Deed of Trust pertaining to environmental matters; <br />(v) the occurrence of any act or omission of Developer that results in waste to <br />or of the Property or the Improvements and which has a material adverse effect on the value of <br />the Property or the Improvements; <br />144\259\1892880.4 <br />14