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D. Pursue any other remedy allowed under the City Documents, or at law, or in
<br />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 />11. Indemnity. To the greatest extent permitted by law, Developer shall indemnify, defend
<br />(with counsel approved by City) and hold the Indemnitees harmless from and against all Claims
<br />arising directly or indirectly, in whole or in part, as a result of or in connection with Developer's
<br />or Developer's employees', agents', contractors', or subcontractors' (all of the foregoing,
<br />collectively, "Developer's Parties") rehabilitation, construction, management, or operation of
<br />the Property and the Project, failure to comply with applicable law, including without limitation,
<br />state and federal fair housing laws, or any failure to perform any obligation as and when required
<br />by this Agreement. Developer's indemnification obligations under this Section 11 shall not
<br />extend to Claims to the extent resulting from the gross negligence or willful misconduct of
<br />Indemnitees. The provisions of this Section 11 shall survive the expiration or earlier termination
<br />of this Agreement. It is further agreed that City does not and shall not waive any rights against
<br />Developer that it may have by reason of this indemnity and hold harmless agreement because of
<br />the acceptance by City, or the deposit with City by Developer, of any of the insurance policies
<br />described in this Agreement. The obligations of Developer to indemnify the Indemnitees shall
<br />survive any repayment or discharge of the indebtedness evidenced by the Note, any foreclosure
<br />proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release
<br />of record of the lien of the Deed of Trust.
<br />12. Conflict of Interest,• Anti -Lobb "n .
<br />12.1 klatch Act. Developer agrees that no funds provided, nor personnel employed
<br />pursuant to this Agreement, shall be in any way or to any extent engaged in the conduct of
<br />political activities in violation of U.S.C., Title V, Chapter 15.
<br />12.2 Conflict of Intcrest. Developer agrees to comply with 24 C.F.R. 84.42 and 24
<br />CFR 570.611. which require, among other things, that except for approved eligible
<br />administrative or personnel costs, no person who is an employee, agent, consultant, or officer of
<br />the Developer may obtain a personal or financial interest or benefit from the activity funded
<br />under this Agreement, or have an interest in any contract, subcontract, or agreement with respect
<br />thereto, or the proceeds thereunder, either for themselves or those with whom they have family or
<br />business ties, during their tenure or for one (1) year thereafter.
<br />12.3 Anti -Lobbying Certification. Developer certifies that:
<br />(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of
<br />Developer, to any person for influencing or attempting to influence an officer or employee of any
<br />agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
<br />SF #4821-4436-6284 v2
<br />1619\01\3064651.1
<br />REV: 05-19-2021 SK
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