AgdaPkt 2011-09-19 - Laserfiche WebLink

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6. 1. D. - Page 16 unable to make a determination that a Proposed Purchaser is a Qualified Buyer based upon the information provided, the Proposed Purchaser shall be determined not to meet the requirements of Qualified Buyer and shall be disqualified from purchase. (iii) A written certification from Owner and the Proposed Purchaser, in a form acceptable to City, that certifies that neither the Proposed Purchaser nor any other party has paid nor will pay to Owner, and Owner has neither received nor will receive from the Proposed Purchaser or any other party, money, benefit, thing of value, or other consideration in addition to what is set forth in the sales contract and documents submitted to City, including personal property. C. Transfer to Proposed Purchaser Who Is Not a Qualified Buyer. Owner shall not Transfer the Subject Affordable Unit in a transaction to a Proposed Purchaser who is not a Qualified Buyer. 13. Representations and Warranties. Owner represents and warrants that all the information submitted to the City in connection with Owner's purchase of the Subject Affordable Unit, Owner's prospective Transfer of the Subject Affordable Unit to a Proposed Purchaser, or any benefit received in accordance with the terms of this Resale Agreement is true and intended to comply with all the terms of the Resale Agreement. Any misrepresentation will be considered a default of this Resale Agreement. 14. Events of Default; Enforcement. In the event of a default in the performance or observance of any covenant, agreement or obligation as set forth in this Resale Agreement, the City may give written notice to Owner in the manner specified in Section 24 of this Resale Agreement, specifying the nature of the violation. If such default remains uncured for a period of thirty (30) days after such notice has been given by the City, or such longer period as may be approved by the City in writing in its sole discretion, then the City may declare that an Event of Default has occurred hereunder and, in addition to other default remedies provided under this Resale Agreement, may exercise any one or more of the following, at its option: (a) By mandamus or other suit, action or proceeding at law or in equity, require Owner or its successors in interest to perform its obligations 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 Exhibit B Page 8