HABITAT FOR HUMANITY OF ORANGE COUNTY (2)

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5.4.2 In all Contracts. Developer shall cause the foregoing covenants to be inserted in all contracts for any work covered by this Agreement so that such provisions will be binding upon each contractor for the benefit of City, provided that the foregoing covenant shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 6. DEFAULTS AND REMEDIES 6.1 Event of Default. Failure or delay by either party to perform any material term or provision of this Agreement within the time periods provided herein for such performance constitutes a default under the Agreement. If any party defaults in performance of its material obligations, covenants or agreements hereunder, the defaulting party shall be entitled to cure the default in accordance with this section. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. The defaulting party must, within thirty (30) days following service of said written notice, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence. Upon a default by Developer which is not cured within thirty (30) days following service of said notice, unless such default carmot reasonably be cured within thirty (30) days, in which case Developer shall have such additional time as reasonably necessary to complete such cue but no more than ninety (90) days, the City shall have the right to terminate this Agreement by delivery of written notice of termination to Developer, at which time Developer would be required to repay any portion of the Grant proceeds disbursed to Developer not already expended for development and construction of the Project pursuant to the Project Budget and the City may enforce the Developer's construction security to complete those portions of the Project not already completed. 6.2 City Remedies for Default. Upon termination of this Agreement for Developer default, should the Developer not provide repayment of available unexpended Grant proceeds or should Developer prevent City resort to the construction security, the City, as its sole remedy, shall be entitled to foreclose on the construction security and to cause completion of the Project, and all Developer obligations under this Agreement shall cease. 6.3 Limitation of Developer Remedies. In the event that the City is liable for damages to Developer, such liability shall not exceed costs incurred by the Developer in the performance of this Agreement and shall not extend to compensation for loss of fuh e income, profits or assets. 6.4 Liability. Developer shall have liability under this Agreement for any judgment, decree or order for the payment of money obtained in any action to enforce the obligation of Developer to repay grant. GENERAL PROVISIONS AND WARRANTIES 11