2A Business Items 2018 0108 - Laserfiche WebLink

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2890662.3 15 (a) recover under Sections 3.14, 3.17, 9.2, 11.1, 12.1, and 12.19 hereof (pertaining to Developer’s indemnification obligations), or (b) recover from Developer compensatory damages as well as other costs and expenses incurred by City (including without limitation attorney’s fees and expenses) arising as a result of the occurrence of any of the following: (i) any fraud or material misrepresentation on the part of the Developer, or any officer, director or authorized representative of Developer in connection with the request for or creation of the Loan, or in this Agreement, the Regulatory Agreement or any City Document, or in connection with any request for any action or consent by City in connection with the Loan; (ii) any failure to maintain insurance on the Property and Improvements as required pursuant to this Agreement, the Regulatory Agreement and the City Documents; (iii) failure to pay taxes, assessments or other charges which may become liens on the Property or Improvements; (iv) the presence of hazardous or toxic material or waste on the Property or other violation of the Developer’s obligations under Section 9.1 hereof or those sections of the Deed of Trust pertaining to environmental matters; (v) the occurrence of any act or omission of Developer that results in waste to or of the Property or the Improvements and which has a material adverse effect on the value of the Property or the Improvements; (vi) the removal or disposal of any personal property or fixtures or the retention of rents, insurance proceeds, or condemnation awards in violation of the Deed of Trust; (vii) the material misapplication of Loan Proceeds; and (viii) the material misapplication of the proceeds of any insurance policy or award resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property or the Improvements. ARTICLE V INTENTIONALLY OMITTED 37