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Council, officers, boards, commissions, employees, or agents shall be in <br />excess of OWNER's insurance and not contributory with it. <br />e) Owner shall submit to City, along with the certificate of insurance, a Worker's <br />Compensation Waiver of Subrogation endorsement in favor of City, its <br />officers, agents, employees, and volunteers. <br />Section 6.04. Assionment. <br />This Agreement is binding upon OWNER and its executors, administrators, and <br />assigns, and all persons claiming under or through OWNER. Wherever this Agreement <br />employs the term "OWNER" it will be deemed to include its executors, administrators, and <br />assigns, and all persons claiming under or through OWNER. Except for a sale of the <br />Property or any portion of the Property, OWNER may not voluntarily assign any of its <br />rights or obligations under this Agreement. In the event OWNER assigns its interest in <br />this Agreement, in whole or in part, in connection with a conveyance of all or any portion <br />of the Property, then OWNER will be released from its liabilities and obligations under this <br />Agreement to the extent such liabilities and obligations are assumed by its assignee or <br />successor. <br />Section 6.05. Maintenance of Prooertv. <br />During such time as the Affordability Covenants set forth in this Agreement are in <br />effect, all improvements developed upon the Property, including without limitation, the <br />Affordable Units, hardscaping and landscaping, shall at all times be maintained in a neat <br />and orderly condition, good order and repair, consistent with good ownership practices, <br />and in accordance with all applicable Federal, State and local laws. <br />Section 6.06. Events of Default: Enforcement. <br />In the event of a default in the performance or observance of any covenant, <br />agreement or obligation as set forth in this Agreement and, if such default remains <br />uncured for a period of thirty (30) days after notice given by the City, or for defaults that <br />cannot be reasonably cured within thirty (30) days after notice, if OWNER is not diligently <br />pursuing to completion the cure, or such longer period as may be approved by the City in <br />writing in its sole discretion, then the City may declare that an Event of Default has <br />occurred hereunder and, in addition to other default remedies provided under this <br />Agreement, may exercise any one or more of the following, at Its option: <br />(a) By mandamus or other suit, action or proceeding at law or in equity, <br />require OWNER or its successors in interest to perform its <br />obligations and covenants hereunder, or enjoin any acts or things <br />which may be unlawful or in violation of the rights of the City <br />hereunder; <br />(b) Take whatever other action at law or in equity may appear <br />necessary or desirable to enforce the obligations, covenants and <br />agreements hereunder. <br />No delay by the CITY in enforcing the provisions hereof as to any breach or violation shall <br />impair, damage or waive the right against or recover for the continuation or repetition of <br />such breach or violation or any similar breach or violation thereof at any later time or <br />times. <br />REV. 04-13.18 PR <br />Page10 of 15 <br />ATTY/AGR.2018.081/Greystar Affordable Housing greement - 1409 EI Camino <br />