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(4) A Qualified Designee Transfer occurs, either voluntarily or involuntarily, in violation of this Agreement. (5) Any Qualified Designee representation or warranty contained in this Agreement or in any application, financial statement, certificate or report submitted to the City in connection with this Agreement proves to have been incorrect in any material and adverse respect when made. (c) City Defaults. The following events each constitute a City Event of Default and a basis for the'Donor or Qualified Designee to take action against the City: (1) The City breaches any material provision of this Agreement. Section 6.2 Remedies. (a) City 'Remedies. Failure of the Donor or Qualified Designee to cure any default in the Donor's or Qualified Designee's obligations under the terms of this Agreement, the applicable conditions of approval, or the Ordinance within thirty (30) days after the delivery of a notice of default from the City and a failure to cure such default will constitute a default under this Agreement; provided however that if Donor or Qualified Designee commences cure within such thirty (30) period and demonstrates progress towards such cure, Donor or Qualified Designee shall have ninety (90) additional days or such longer period of time to effectuate such cure as determined by the City. A cure by Donor of any default by Qualified Designee shall be deemed a cure by Qualified Designee, and a cure by Qualified Designee of any default by Donor shall be deemed a cure by Donor. In addition to remedies for breach of this Agreement, the City may exercise any and all remedies available to it, including but not Iimited to: (1) Withholding, conditioning, suspending or revoking any permit, license, or other entitlement for the Affordable Development or the 1900 Broadway Project Approvals, including without limitation final inspections for occupancy and/or certificates of occupancy, in accordance with the requirements of the City's Municipal and Zoning Code, it being understood that nothing herein is intended to limit the City's rights to exercise its police powers and in the case of revocation, such revocation shall be subject to a noticed public hearing before the City Council; (2) Instituting against the Donor, Qualified Designee, or other parties a civil action for declaratory relief, injunction or any other equitable relief, or relief at law, including without limitation an action to rescind a transaction and/or to require repayment of any funds received in connection with such a violation; (3) Where one or more persons have received financial benefit as a result of violation of this Agreement or of any requirement imposed under the Ordinance, the City may assess, and institute legal action to recover as necessary, a penalty in any amount up to and including the amount of financial benefit received, in addition to recovery of the benefit received; and ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-22-24 VR Page 24 of 35