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6.1G Page 29 and covenants hereunder, or enjoin any acts or things which may be' unlawful or in violation of the rights of the City hereunder; (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder, including, but not limited to, applying to a court of competent jurisdiction for specific performance of this Resale Agreement, for an injunction prohibiting a proposed Transfer in violation of this Resale Agreement, or for a declaration that a Transfer in. violation of this Resale Agreement is void. No delay in enforcing the provisions hereof as to any breach or violation of this Resale Agreement shall impair, damage or waive the right of the City to recover for the continuation or repetition of such breach or violation, Of any similar breach or violation thereof at any later time or times. In any event, any costs, liabilities or obligations incurred by Owner and Owner's Proposed Purchaser for the return of any money paid or received in violation of this Resale Agreement or for any costs or legal expenses shall be borne by Ownef and Owner's Proposed Purchaser. Owner and Owner's Proposed Purchaser shall indemnify, hold the City and its Council members, elected and appointed officers, employees and agents hannless, and shall reimburse their expenses, legal fees and costs for any action reasonably taken in good faith to enforce the terms of this Resale Agreement. 16. Purchase Ootion Uoon Default. Notwithstanding the remedies provided to the City in Section 15, above; the City shall have the option to purchase the Subject Affordable Unit, upon the City's declaration of Owner's default under this Resale Agreement. (a) Exercise of ODtion. Owner agrees that the City, in its sole discretion, may choose to record this option. Not later than ninety (90) days after Owner's receipt or refusal of the City's notice to exercise its option under this Section 16, the City shall purchase the Subject Affordable Unit at a price equal to the Transfer Amount, as set forth in Section 11. (b) HUD Forbearance Relief. Notwithstanding other provisions of this Resale Agreement, the option granted by this Section 16 shall not be exercised by the City when a deed of trust insured by HUD is secured by the Subject Affordable Unit, and (i) forbearance relief; or (ii) Owner is undergoing consideration for relief under HUD's Temporary Mortgage Assistance Payment (TMAP) Program. Owner is undergoing consideration by HUD for assignment REDW\OOO1\DOC\023--2.00c 11/24/08730 HvT 12