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affect any default other than the default specified in the waiver, and such waiver shall be
<br />operative only for the time and to the extent therein stated. Waivers of any covenant, term,
<br />or condition contained herein shall not be construed as a waiver of any subsequent breach
<br />of the same covenant, term, or condition. The consent or approval by the City to or of any
<br />act by Developer requiring further consent or approval shall not be deemed to waive or
<br />render unnecessary the consent or approval to or of any subsequent similar act. The
<br />exercise of any right, power, or remedy shall in no event constitute a cure or a waiver of
<br />any default under these Restrictions or the Loan Documents, nor shall it invalidate any act
<br />done pursuant to notice of default, or prejudice the City in the exercise of any right, power,
<br />or remedy hereunder or under the Loan Documents, unless in the exercise of any such right,
<br />power, or remedy all obligations of Developer to City are paid and discharged in full.
<br />21. The covenants and agreements contained herein shall run with the land and not be
<br />personal obligations of Developer. Upon the sale, conveyance or other transfer of the
<br />Property (a "Transfer") and the assumption of the obligations hereunder by a transferee,
<br />Developer's liability for performance shall be terminated as to any obligation to be
<br />performed hereunder after the date of such Transfer.
<br />22. The Loan Agreement and all of its attachments shall be enforceable by City in
<br />accordance with the terms thereof. Each of the Loan Agreement, the Affordability
<br />Restrictions on Transfer of Property, the City/HOME Loan Note and the City/HOME Deed
<br />of Trust provide a means of enforcement by the City if Developer is in breach of its
<br />obligations hereunder and thereunder, including liens on the Property, use and deed
<br />restrictions and covenants running with the land [24 CFR 92.504 (c) (13)].
<br />23. Additional Terms.
<br />23.1. hidemnity. To the fullest extent permitted by law, the Developer agrees to
<br />indemnify, hold harmless and defend the City and its elected officials, officers, governing
<br />members, employees, attorneys and agents (collectively, the "Indemnified Parties"), from
<br />and against any and all losses, damages, claims, actions, liabilities, costs and expenses of
<br />any and every conceivable nature, kind or character (including, without limitation,
<br />reasonable attorneys' fees, litigation and court costs, amounts paid in settlement and
<br />amounts paid to discharge judgments) to which the Indemnified Parties, or any of them,
<br />may become subject to under any statutory law (including federal or state securities laws)
<br />or at common law or otherwise, arising out of or based upon or in any way relating to:
<br />(a) these Restrictions or the execution or amendment thereof in
<br />connection with the transactions contemplated thereby;
<br />(b) Developer's ownership or operation of the Property and the Project
<br />or any act or omission of the Developer or any of its agents, contractors, servants,
<br />employees or licensees in connection with the Property and the Project, the operation of
<br />the Project, or the condition, environmental or otherwise, occupancy, use, possession,
<br />conduct or management of work done in or about, or from the planning, design, acquisition,
<br />installation, operation or rehabilitation of, the Project or any part thereof;
<br />(c) any lien or charge upon payments by the Developer to the City, or
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