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(b) Owner's failure to maintain insurance on the Property and the <br />Project as required hereunder, and the failure of Owner to cure <br />such default within 10 days. <br />(c) Subject to Owner's right to contest the following charges, Owner's <br />failure to pay taxes or assessments due on the Property or the <br />Project or failure to pay any other charge that may result in a lien <br />on the Property or the Project, and Owner's failure to cure such <br />default within 10 days. <br />(d) Owner's default in the performance of any term, provision or <br />covenant under this Agreement, and unless such provision <br />specifies a shorter cure period for such default, the continuation of <br />such default for ten (10) days in the event of a monetary default or <br />thirty (30) days in the event of a non -monetary default following <br />the date upon which City shall have given written notice of the <br />default to Owner, or if the nature of any such non -monetary default <br />is such that it cannot be cured within 30 days, Owner's failure to <br />commence to cure the default within thirty (30) days and thereafter <br />prosecute the curing of such default with due diligence and in good <br />faith, but in no event longer than 120 days from receipt of the <br />notice of default. <br />9.2 Remedies. <br />9.2.1 If within the applicable cure period, Owner fails to cure a default or fails <br />to commence to cure and diligently pursue completion of a cure, as <br />applicable, or if a cure is not possible, City may proceed with any of the <br />following remedies: <br />(a) Bring an action for equitable relief seeking the specific <br />performance of the terms and conditions of this Agreement, and/or <br />enjoining, abating, or preventing any violation of such terms and <br />conditions, and/or seeking declaratory relief, <br />(b) For violations of obligations with respect to rents for Restricted <br />Units, impose as liquidated damages a charge in an amount equal <br />to the actual amount collected in excess of the Qualifying Rent; <br />(c) Pursue any other remedy allowed at law or in equity, or authorized <br />by the Deeds of Trust. <br />9.2.2 Each of the remedies provided herein is cumulative and not exclusive. <br />The City may exercise from time to time any rights and remedies available <br />to it under applicable law or in equity, in addition to, and not in lieu of, <br />any rights and remedies expressly provided in this Agreement. <br />10. Indemnification. <br />5056752.1 16 <br />