Affordable Housing Regulatory Agreement

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(v) Owner's default in the performance of any term, provision or covenant under this Agreement (other than an obligation enumerated in this Section 9. 1), and unless such provision specifies a shorter cure period for such default, the continuation of such default for ten (10) days in the event of a monetary default or thirty (30) days in the event of a non -monetary default following the date upon which City shall have given written notice of the default to Owner, or if the nature of any such non -monetary default is such that it cannot be cured within thirty (30) days, Owner's failure to commence to cure the default within thirty (30) days and thereafter prosecute the curing of such default to completion with due diligence and in good faith but in no event longer than ninety (90) days from receipt of the notice of default. If applicable, the limited partners of Owner shall have the right to cure any default of Owner hereunder upon the same terms and conditions afforded to Owner. City shall provide a copy of any notice of default hereunder to the limited partners to the address provided to the City in writing, concurrently with the provision of such notice to Owner. 9.2 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies: (i) Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; (ii) For violations of obligations with respect to rents for residential units in the Project, impose a charge in an amount equal to the actual amount collected in excess of the Affordable Rent; or (iii) Pursue any other remedy allowed under this Agreement or at law or in equity. Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. 10. Indemnity. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims arising directly or indirectly, in whole or in part, as a result of or in connection with Owner's or Owner's employees', agents', contractors', or subcontractors' (all of the foregoing, collectively, "Owner's Parties") construction, rehabilitation, management, or operation of the Property and the Project, failure to comply with applicable law, including without limitation, state and federal fair housing laws, or failure to perform any obligation as and when required by this Agreement. Owner's indemnification obligations under this Section 10 shall not extend to Claims to the extent resulting from the gross negligence or willful misconduct of Indemnitees. The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement. City does not and shall not waive any rights that it may have by reason of any indemnity and hold harmless provision set forth in this Agreement because of the acceptance by City, or the deposit with City by Owner, of any of the insurance policies described in this Agreement. REV: 02-25-2020 PR ATTY/AGR.2020.039/Premia 1180 Main Owner, LLC (Page 32 of 42)