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(a) Action to Compel Performance or for Damages,. The City may bring an <br />action at law or in equity to compel Owner's performance of its obligations under this <br />Agreement, and/or for damages. <br />(b) Remedies Under the Affordable Housing, Ordinance. The City may <br />initiate appropriate legal actions or procedures to revoke, deny or suspend any permit or <br />development approval for Building Three, in accordance with the requirements of the City's <br />Municipal and Zoning Code, it being understood that nothing herein is intended to limit the <br />City's rights to exercise its police powers. <br />The City hereby agrees to accept a cure of any default made or tendered hereunder by <br />Investor Limited Partner on the same terms and conditions as if such cure was made or tendered <br />by the Owner. <br />Section 6.9 Attorneys' Fees and Costs. In any action brought to enforce this <br />Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including <br />reasonable attorneys' fees. This section shall be interpreted in accordance with California Civil <br />Code Section 1717 and judicial decisions interpreting that statute. <br />Section 6.10 Recording. The City and the Owner shall cause this Agreement, and all <br />amendments and supplements to it, to be recorded against the Affordable Project in the Official <br />Records of the County of San Mateo prior to any liens, deeds of trust or other instruments <br />securing any monetary obligation of the Owner or recorded against the Affordable Project. This <br />Agreement shall not be subordinated to any liens, deeds of trust or other instruments recorded <br />against the Affordable Project and shall survive and remain effective as against any transferee <br />acquiring the Affordable Project as a result of any foreclosure or deed in lieu of foreclosure. <br />Section 6.11 Governing Law and Venue. This Agreement shall be governed by the <br />laws of the State of California. Venue for any action brought by either of the Parties for the <br />purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of <br />competent jurisdiction in the County of San Mateo. The Parties waive all provisions of law <br />providing for a change of venue in any proceeding to any other county. <br />Section 6.12 No Third PgW Beneficiaries. There shall be no third party beneficiaries to <br />this Agreement. <br />Section 6.13 Title of Parts and Sections. Any titles of the sections or subsections of this <br />Agreement are inserted for convenience of reference only and shall be disregarded in interpreting <br />any part of the Agreement's provisions. <br />Section 6.14 Waiver of Rcquirements. No waiver of the requirements of this <br />Agreement shall occur unless expressly waived by the City in writing. No waiver will be <br />implied from any delay or failure by the City to take action on any breach or default of the <br />Owner or to pursue any remedy permitted under this Agreement or applicable law. Any <br />extension of time granted to the Owner to perform any obligation under this Agreement shall not <br />operate as a waiver or release from any of its obligations under this Agreement. Consent by the <br />City to any act or omission by the Owner shall not be construed to be a consent to any other or <br />1199\10\3491196.8 21 <br />REV: 10-18-23 SK <br />