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of default hereunder to the limited partners at the address set forth in Section 12.3 hereof, or to <br />such other address provided to the City in writing, concurrently with the provision of such notice <br />to Owner. <br />9.2 Remedies. Upon the occurrence of an Event of Default and its continuation <br />beyond any applicable cure period, City may proceed with any of the following remedies: <br />(i) Bring an action for equitable relief seeking the specific performance of the terms <br />and conditions of this Agreement, and/or enjoining, abating, or preventing any <br />violation of such terms and conditions, and/or seeking declaratory relief; <br />(ii) Accelerate and declare the balance of the Note and interest accrued thereon <br />immediately due and payable and proceed with foreclosure under the Deed of <br />Trust; <br />(iii) For violations of obligations with respect to rents for Restricted Units, impose a <br />charge in an amount equal to the actual amount collected in excess of the <br />Affordable Rent; or <br />(iv) Pursue any other remedy allowed under the City Documents or at law or in equity. <br />Each of the remedies provided herein is cumulative and not exclusive. The City may <br />exercise from time to time any rights and remedies available to it under applicable law or in <br />equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this <br />Agreement. <br />10. Indemnity. To the greatest extent permitted by law, Owner shall indemnify, defend (with <br />counsel approved by City) and hold the Indemnitees harmless from and against all Claims arising <br />directly or indirectly, in whole or in part, as a result of or in connection with Owner's or Owner's <br />employees', agents', contractors', or subcontractors' (all of the foregoing, collectively, "Owner's <br />Parties") construction, rehabilitation, management, or operation of the Property and the Project, <br />failure to comply with applicable law, including without limitation, state and federal fair housing <br />laws, or failure to perform any obligation as and when required by this Agreement. Owner's <br />indemnification obligations under this Section 10 shall not extend to Claims to the extent <br />resulting from the gross negligence or willful misconduct of Indemnitees. The provisions of this <br />Section 10 shall survive the expiration or earlier termination of this Agreement, and are subject <br />to the additional terms set forth in Section 10.1 below. <br />10.1 Terms Applicable to Indemnity Provisions. The terns set forth in this Section <br />10.1 shall apply to all provisions of this Agreement that pertain to Owner's obligations to <br />indemnify City and the other Indemnitees, including without limitation, Sections 2.6.2 and 10. <br />In connection with each such provision, all of the following shall apply: <br />(a) City does not and shall not waive any rights that it may have by reason of any <br />indemnity and hold harmless provision set forth in this Agreement because of the acceptance by <br />City, or the deposit with City by Owner, of any of the insurance policies described in this <br />Agreement. <br />24 <br />OAK #4820-8711-2085 v4 <br />ATTYIAGR.2019.148/Redwood Oaks Associates 11 LP - Regulatory Agreement <br />