Agmt14 Greystar GPII LLC Property Disposition Agreement

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Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site.. The foregoing covenants shall run with the land. The City is deemed the beneficiary of the covenants running with the land for and in its own rights and for the purposes of protecting the interests of the community and other parties,public or private, in whose favor and for whose benefit this Agreement and the covenants mauling with the land have been provided. This Agreement and the covenants shall run in favor of the City without regard to whether the City has been, remains or is an owner of any land or interest therein in the Site, any parcel or subparcel thereof The City shall have the right, if this Agreement or the covenants are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and the covenants may be entitled.. 400, DEFAULTS, REMEDIES AND TERMINATION 401. Defaults—General Subject to the extensions of time set forth in Section 505, failure or delay by either party to perform any term or provision of this Agreement (each, a "breach"), which breach is not cured by the -first to occur of (i) forty-five (45) days following receipt of written notice thereof from the other party or such longer period as may be reasonably necessary to cure such breach (subject to the provisions of the following sentence), or (ii) the Closing Date, constitutes a default under this Agreement. The party who breaches must immediately commence to cure, correct or remedy such breach and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of breach to the party in breach specifying the breach complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in breach until after expiration of the cure period set forth above. Failure or delay in giving such notice shall not constitute a waiver of any breach or default nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any breach or default shall not operate as a waiver of any breach or default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 402. Legal Actions 402.1 Institution of Legal Actions Following Close of Escrow, either party may institute legal action to cure, correct or remedy any default arising after Close of Escrow, and recover damages for any such default, or to obtain any other remedy available to that party consistent with the provisions of ATrYJAGR/2034.197/RDW GREYSTAR PDA REV:10-01-14 PT&VR 824r3 00017WI02745 13 15