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A rticle V General Provisions Section 5.01. Maintenance of Propertv. During the Rental Affordability Covenants Term, all improvements developed upon the Property, including without limitation, the Affordable Units, hardscaping and landscaping, shall at all times be maintained in a neat and orderly condition, good order and repair, consistent with good ownership practices, and in accordance with all applicable Federal, State and local laws and in accordance with the Conditions of Approval imposed by Redwood City for the approval of the Project. Section 5.02. 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 Agreement and, if such default remains uncured for a period of thirty (30) days after notice thereof shall have 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, provided that if the nature of the default is such that the same cannot be reasonably cured with a thirty (30) day period, OWNER shall not be deemed to be in default if it shall have commenced such cure within such period and thereafter rectifies and cures such default with due diligence and in addition to other default remedies provided under this 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. No delay by the CITY in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. Section 5.03. Attornevs' Fees. In any legal proceeding to enforce the terms of or restrain a violation of this Agreement, the losing party or parties must pay the attorneys' fees of the winning party or parties in the amount fixed by the court in the proceeding. Section 5.04. Amendments. This Agreement may only be amended in writing by an instrument signed by the authorized representative of the CITY or it successor in interest and the then record owner or owners of the Property. Section 5.05. Severabilitv. If any provision of this Agreement shall be held invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases ATTY/AGR/2011.141/640 VETERANS WAY—AFFORDABILITY AGREEMENT REV:12/29/11 Page 6 of 20