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7.3.B. - Page 26 <br /> Developer itself or any person claiming under or through it establish or permit any such practice <br /> or practices of discrimination or segregation with reference to the selection, location, number, <br /> use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The <br /> foregoing covenants shall run with the land. <br /> The City is deemed the beneficiary of the covenants running with the land for and <br /> in its own rights and for the purposes of protecting the interests of the community and other <br /> parties, public or private, in whose favor and for whose benefit this Agreement and the covenants <br /> running with the land have been provided. This Agreement and the covenants shall run in favor <br /> of the City without regard to whether the City has been, remains or is an owner of any land or <br /> interest therein in the Site, any parcel or subparcel thereof. The City shall have the right, if this <br /> Agreement or the covenants are breached, to exercise all rights and remedies and to maintain any <br /> actions or suits at law or in equity or other proper proceedings to enforce the curing of such <br /> breaches to which it or any other beneficiaries of this Agreement and the covenants may be <br /> entitled. <br /> 400. DEFAULTS, REMEDIES AND TERMINATION <br /> 401. Defaults — General <br /> Subject to the extensions of time set forth in Section 505, failure or delay by <br /> either party to perform any term or provision of this Agreement (each, a "breach "), which breach <br /> is not cured by the first to occur of (i) forty -five (45) days following receipt of written notice <br /> thereof from the other party or such longer period as may be reasonably necessary to cure such <br /> breach (subject to the provisions of the following sentence), or (ii) the Closing Date, constitutes <br /> a default under this Agreement. The party who breaches must immediately commence to cure, <br /> correct or remedy such breach and shall complete such cure, correction or remedy with <br /> reasonable diligence and during any period of curing shall not be in default. <br /> The injured party shall give written notice of breach to the party in breach <br /> specifying the breach complained of by the injured party. Except as required to protect against <br /> further damages, the injured party may not institute proceedings against the party in breach until <br /> after expiration of the cure period set forth above. Failure or delay in giving such notice shall <br /> not constitute a waiver of any breach or default nor shall it change the time of default. <br /> Except as otherwise expressly provided in this Agreement, any failure or delay by <br /> either party in asserting any of its rights or remedies as to any breach or default shall not operate <br /> as a waiver of any breach or default or of any such rights or remedies or deprive such party of its <br /> right to institute and maintain any actions or proceedings that it may deem necessary to protect, <br /> assert or enforce any such rights or remedies. <br /> 402. Legal Actions <br /> 402.1 Institution of Legal Actions <br /> Following Close of Escrow, either party may institute legal action to cure, <br /> correct or remedy any default arising after Close of Escrow, and recover damages for any such <br /> default, or to obtain any other remedy available to that party consistent with the provisions of <br /> ATTY /AGR /2014.197/RDW GREYSTAR PDA <br /> REV: 10 -01 -14 PT & VR <br /> 82483.00017\9102745.13 15 <br />