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ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B REV: 05-04-26 LF Page 72 of 86 of the Owner under this Regulatory Agreement, and no Default, shall be modified, except by a written instrument executed by the City. No waiver of any Default shall modify this Regulatory Agreement. Each and every covenant, agreement, condition, restriction and reservation of this Regulatory Agreement shall continue in full force and effect with respect to any other then-existing or subsequent Default of such condition, covenant, agreement, restriction or reservation of this Regulatory Agreement. 5.1.4 Damages. The City may recover from the Owner all damages the City incurs by reason of the Owner’s Default and reimbursement of the City’s reasonable out of pocket costs, including Legal Costs and bank fees for dishonored checks. The City may recover such damages at any time after the Owner’s Default, including after the expiration of the Term. Notwithstanding any Law to the contrary, the City need not commence separate actions to enforce the Owner’s obligations for each amount or payment not paid, or each month’s accrual of damages and costs for the Owner’s Default, but may bring and prosecute a single combined action for all such damages and costs. 5.1.5 Injunction of Breaches. Whether or not an Event of Default has occurred, the City may obtain a court order enjoining the Owner from continuing any Default or from committing any threatened Default. The Owner specifically and expressly acknowledges that damages would not constitute an adequate remedy to the City for any Default. 5.2 Specific Enforcement. The Owner agrees that specific enforcement of the Owner’s non-monetary obligations under this Regulatory Agreement is one of the reasons that the City agreed to restructure the Loan and that, if the Owner breaches any such obligation, potential monetary damages to the City, as well as to prospective Qualifying Households, would be difficult, if not impossible, to evaluate and quantify. Therefore, in addition to any other relief to which the City may be entitled as a consequence of the Owner’s default under this Regulatory Agreement, the Owner agrees to the imposition of the remedy of specific performance against the Owner under this Regulatory Agreement. 5.3 Enforcement. The City shall have the power to enforce this Regulatory Agreement and no other Person shall have any right or power to enforce any provision of this Regulatory Agreement on behalf of the City or to compel the City to enforce any provision of this Regulatory Agreement against the Owner, the Development, the Property or any Affordable Unit. Further, [For RDA funds only, add: pursuant to Health and Safety Code Section 33334.3(f)(7),] this Regulatory Agreement shall be enforceable by the City, any resident of an Affordable Unit, any resident association with members who reside in Affordable Units, former residents of Affordable Units who last resided in any such Affordable Unit, applicants for occupancy of Affordable Units and persons on an affordable housing waiting list, subject to the specific requirements of such law. 5.4 Cure by Limited Partner. Any limited partner or managing member of Owner shall have the opportunity, but not the obligation, to effect a cure on behalf of Owner within the cure periods afforded to Owner as set forth herein, and City shall accept such cure as if it had been made by Owner. Notwithstanding the foregoing sentence, failure to provide such notice to such limited partner or managing member shall not result in any liability to the City nor permit Owner additional time to cure a default hereunder.