HABITAT FOR HUMANITY OF ORANGE COUNTY (2)

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or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Developer and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against any property of Developer and is not released, vacated or fully bonded within ninety (90) days after its issue or levy; or (i) Notwithstanding anything to the contrary contained herein, City hereby agrees that any cure of any default made or tendered under this Agreement by an entity on behalf of Developer shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer. 16.2 Remedies Upon Default. Upon the occurrence of any Event of Default, City may, at its option and in its absolute discretion, do any or all of the following: (a) By written notice to Developer, declare the balance of all amounts owing under this Agreement, together with all accrued interest and other amounts owing in connection therewith, to be immediately due and payable, regardless of any other specified due date; provided that any Event of Default described in Section 16.1 (d) shall automatically, without notice or other action on City's part, cause all such amounts to be immediately due and payable; (b) By written notice to Develop, require repayment of all or some portion of the Grant proceeds disbursed to Developer back to the City proportionate to the scale and duration of the uncorrected noncompliance relative to the 99-year Term of Affordability; (c) In its own right or by a court -appointed receiver, take possession of the Property, enter into contracts for and otherwise proceed with the completion of the construction by expenditure of its own funds; (d) Exercise any of its rights under this Agreement and any rights provided by law, including, without limitation, the right to seek specific performance and the right to foreclose on any security and exercise any other rights with respect to any security, all in such order and manner as City elects in its sole and absolute discretion; and, (e) Suspend or terminate the award of City funds if Developer fails to comply with any term of such award. 16.3 Cumulative Remedies: No Waiver. City's rights and remedies under the Grant Documents are cumulative and in addition to all rights and rcnedies provided by law. The exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the City in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by City to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time 27