Laserfiche WebLink
(b) Pursuant to the City Documents, accelerate and declare the balance of the <br />HOME Note and City Note and interest accrued thereon immediately due and payable; <br />(c) For violations of obligations with respect to rents for Restricted Units, <br />impose as liquidated damages a charge in an amount equal to the actual amount collected in <br />excess of the Qualifying Rent; <br />(d) Pursue any other remedy allowed at law or in equity. <br />Each of the remedies provided herein is cumulative and not exclusive. The City may <br />exercise from time to time any rights and remedies available to them under applicable law or in <br />equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this <br />Agreement. <br />10. Indemnity. Owner shall indemnify, defend (with counsel approved by City) and hold <br />City, and their respective elected and appointed officers, officials, employees, agents, and <br />representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, <br />cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, <br />demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and <br />damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in <br />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 />further agreed that City does not and shall not waive any rights against Owner that they may <br />have by reason of this indemnity and hold harmless agreement because of the acceptance by <br />City, or the deposit with City by Owner, of any of the insurance policies described in this <br />Agreement or the Loan Agreement . <br />11. Miscellaneous. <br />11.1 Amendments. This Agreement may be amended or modified only by a written <br />instrument signed by the Parties. <br />11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must <br />be in writing. No waiver shall be implied from any delay or failure by City to take action on <br />any breach or default hereunder or to pursue any remedy allowed under this Agreement or <br />applicable law. No failure or delay by City at any time to require strict performance by Owner of <br />any provision of this Agreement or to exercise any election contained herein or any right, power <br />or remedy hereunder shall be construed as a waiver of any other provision or any succeeding <br />breach of the same or any other provision hereof or a relinquishment for the future of such <br />election. <br />11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to <br />this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br />specified below or to such other address as a Party may designate by written notice delivered to <br />the other parties in accordance with this Section. All such notices shall be sent by: <br />144\259\1892895.4 12