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6.1.B. - Page 10 <br /> and City shall have the right to exercise all of the rights and remedies and to maintain <br /> any actions at law or suits in equity or other proper proceedings to enforce the curing of <br /> such breach. <br /> 4.2 Binding on City Successors. Subject to the Developer's transfer <br /> restrictions set forth in Section 4.3 below, the Agreement shall inure to the benefit of <br /> City and its successors and assigns and shall be binding upon Developer and any <br /> successor in interest to the Project. The Agreement shall run in favor of City and its <br /> successors and assigns. <br /> 4.3 Assignment by Developer. Developer or Developer's successor may <br /> assign the Agreement to an owner with the prior approval of the City, which approval <br /> shall not be unreasonably withheld or delayed, and such assignment shall be <br /> documented by an assignment and assumption agreement recorded against the <br /> Property in a form to be agreed upon between Developer and City. If the proposed <br /> assignee's experience and financial capability is substantially similar to Developer's the <br /> City shall approve the proposed assignee. Developer shall be bound by the terms and <br /> obligations of this Agreement in the absence of such approval where required by the <br /> City. <br /> 4.4 Attorney Fees. In any legal proceeding to enforce the terms of or restrain <br /> a violation of this Agreement, the prevailing party or parties must pay the attorneys' fees <br /> of the winning party or parties in the amount fixed by the court in the proceeding. <br /> 4.5 Amendments. This Agreement may only be amended in writing by an <br /> instrument signed by the authorized representatives of parties. <br /> 4.6 Severability. If any provision of this Agreement shall be held invalid, <br /> inoperative or unenforceable as applied in any particular case, in any jurisdiction or <br /> jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other <br /> provision or provisions hereof or any Constitution or Statute or rule of public policy, or <br /> for any other reason, such circumstances shall not have the effect of rendering the <br /> provisions in question inoperative or unenforceable in any other case or circumstance, <br /> or of rendering any other provision or provisions herein contained invalid, inoperative, or <br /> unenforceable to any extent whatsoever. The invalidity of any one or more phrases, <br /> sentences, clauses or sections contained in this Agreement shall not affect the <br /> remaining portions of this Agreement or any part hereof. <br /> 4.7 Headings. The section headings are not part of this Agreement and will <br /> not affect the interpretation of any provisions hereof. <br /> 4.8 Time of the Essence. In each provision of this Agreement which states a <br /> specific amount of time within which the requirements thereof are to be satisfied or are <br /> to persist, time shall be deemed to be of the essence. <br /> REV:04-20-16 VR <br /> Page 7 of 29 <br /> ATTY/AGR.2016.081/Fuller Street Partners, LLC Affordable Housing Agreement <br />