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6.1.E. - Page 37 Na delay in enforcing the provisions hereo€ as to any breach or vaalatidn of th�s Resale Res#riction Agreement sF�a�l impair, damage ar waive the righ# of the C�ty to recover far #he continuation ar repetition of such �reach ar violafian, or any similar breach or vioiatior� tf�ereof at any later#ime or times. In any event, any costs, liabilities or a#�li��tior�s incurred by Qwrter and Owner's Proposed Purchaser fo� the return nf any mor�ey paid or received in violation af this Resale Restriction Agreement or #or any costs nr �egal expenses sh�ll be borne f�y Own�r and Owr�er's Propased Purc#�aser, �wner and Qr�mer's Prapased Purchaser shaN indemnify, hold t�e City and its Council members, elec#ec! and appointed officers, Employees and agents harmless, and shall r��mt�u�se their expenses, legaf fees and costs for any act�on reasor�ably taken fn gvod faith #o er�force the terms c�f this F�esale Restrictio� Agreement. �5. Purchase O tion U on DeFautt. Notavithstan�ing the rem�dies prov�ded ta the City in Sectiar� 'f4, above, the C�fy �hai� have the opt�on to purchas� the Su��ect Affardable Unit, upon the CEty's declaratior� of Owner's defauft under this Resa�e Restrictic�n Agreemen# and Owner's failure #o cure suah default withi� the time period specifed in Sectian 14. (a) Exercise .of Optior�, Qwner a�rees tf�at the City, in �ts sole discretion, may choose to record thfs option. No# later t�an ni�ety (gU) dayS �{��r Owr�er's receipt or refusal of the City's no�r;� to exercfse its optPon uncler this Section 'Iv, the City shall purchase the Subje�t Affordabl� Unit at a price equal ta the Deed- Restricted Resale Price, as sef forkh in Sect�on 1'�. (b� HUD �orbear r� �telief. Notwithst�nding other provisions of th�s Resa�e Ftestriation Agr�ement, the option grah#ed by this SectRc�n 15 shall not be exercised by the City wnen a deed of trust insured by HUD is secured by the Subject Affordable Unit, and {i} Owner is undergoing cnnsiderafion by HUD for assignment farbearanre relief; or (ii} �wner is undergc�ing cansideratian for re�ief under HUD's Temporary Mt�rtgage Assistance Payment (TMAP) Pragram. 16. Nanliabilit�f the Cit�. In r�o event shali ti�� City become fiable or obli�ated to Owrier nr to any s�ccessar to �wner �y reasan af the City's rig#�t af first refusal and o�tion ta purchase, set fcar#h in S�ctior�s 9 and 15, respectively, nar shall the City become abligated or liab�e to Owner or to any successor t� Owner for any failur� to �Urch�se fhe Subject Affordabte Unit. 'f 7. Bindin Effecf. This Resale R�striction Agreemer�t shall �ind and t�re bene#it of this Resale Fiestriction Agreement shall in�re to Owner, Qwner's sucoessors and assigns, and the City, and tF�e City`s successors and assigr�s.