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8.2 Institution of Legal Actions. In addition to any other rights or remedies, <br />either parry may institute legal action to cure, correct or remedy any default to recover <br />economic damages for any default, or to obtain any other remedy consistent with the purpose <br />of this Agreement. <br />8.3 Rights and Remedies are Cumulative. Except with respect to rights and <br />remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the <br />parties are cumulative and the exercise by either party of one or more of such rights or <br />remedies shall not preclude the exercise by it, at the same or different times, of any other rights <br />or remedies for the same default or any other default by the other party. <br />8.4 Damages. In the event that the City is liable for damages to Developer, such <br />liability shall not exceed costs incurred by the Developer in the performance of this <br />Agreement and shall not extend to compensation for loss of future income, profits or assets. <br />8.5 Nonrecourse Liability. Neither Developer, nor any partner of Developer, nor <br />any member of any partner of Developer, nor any member, partner, officer, director, <br />employee, agent or representative of any member of any partner of Developer, shall have any <br />personal liability under this Agreement, or the attached Note and Deed of Trust, and any <br />judgment, decree or order for the payment of money obtained in any action to enforce the <br />obligation of Developer to repay the loan evidenced by such documents shall be enforceable <br />against Developer only to the extent of Developer's interest in the Property. <br />9. GENERAL PROVISIONS AND WARRANTIES <br />As a material inducement to City to enter into this Agreement, Developer represents <br />and warrants as follows, which representations and warranties are made solely by <br />Developer and not by or on behalf of any partner of Developer: <br />9.1 Formation, Oualification and Compliance. Legacy Square L.P. is a <br />California limited partnership. Developer is in compliance with all laws applicable to its <br />business and has obtained all approvals, licenses, exemptions and other authorizations <br />from, and has accomplished all filings, registrations and qualifications with, any <br />Governmental Authority that are necessary for the transaction of its business. <br />9.2 Execution and Performance ofInclusionary Loan Documents. <br />9.2.1 Developer has all requisite authority to execute and perform its <br />obligations under the Inclusionary Loan Documents. <br />9.2.2 The execution and delivery by Developer of, and the performance <br />by Developer of its obligations under, each Loan Document has been authorized by all <br />necessary action and does not and will not: <br />(a) require any consent or approval not heretofore <br />obtained of any person having any interest in Developer; <br />55A-30 <br />