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The exercise by City of any right or remedy shall not constitute a cure or waiver of any <br />default, nor invalidate any notice of default or any act done pursuant to any such notice, <br />nor prejudice the City in the exercise of any other right or remedy. No waiver of any default <br />shall be implied from any omission by City to take action on account of such default if <br />such default persists or is repeated. No waiver of any default shall affect any default other <br />than the default expressly waived, and any such waiver shall be operative only for the time <br />and to the extent stated. No waiver of any provision of any Loan Document shall be <br />construed as a waiver of any subsequent breach of the same provision. City's consent to or <br />approval of any act by Developer requiring further consent or approval shall not be deemed <br />to waive or render unnecessary City's consent to or approval of any subsequent act. The <br />City's acceptance of the late performance of any obligation shall not constitute a waiver by <br />City of the right to require prompt performance of all further obligations; City's acceptance <br />of any performance following the sending or filing of any notice of default shall not <br />constitute a waiver of either party's right to proceed with the exercise of its remedies for <br />any unfulfilled obligations; and City's acceptance of any partial performance shall not <br />constitute a waiver by City of any rights. <br />20.4. Nonrecourse Liability. Neither Developer, nor any other party, including <br />any partner of Developer, shall have any personal liability under this Agreement, or the <br />attached City/NSP Loan Note and City/NSP Loan Deed of Trust, and any judgment, decree <br />or order for the payment of money obtained in any action to enforce the obligation of <br />Developer to repay the City/NSP Loan or any other amount evidenced or secured by such <br />documents shall be enforceable against Developer only to the extent of Developer's interest <br />in the Property. <br />20.5. Limited Partner Cure. The City shall provide the Developer's Limited <br />Partner with an opportunity to cure any default. Any cure made or tendered by Limited <br />Partner shall be accepted as if made by Developer. <br />Section 21. MISCELLANEOUS <br />21.1. Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of City to Developer, or any other claim <br />by developer against City, in connection with the City/NSP Loan or otherwise, Developer <br />hereby waives any right it might otherwise have: (a) to offset any such obligation, liability <br />or claim against Developer's obligations under the Loan Documents; or, (b) to claim that <br />the existence of any such outstanding obligation, liability or claim excuses the <br />nonperformance by Developer of any of its obligations under the Loan Documents. <br />21.2. Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to the appropriate <br />party by personal service or U.S. mail at its address as follows: <br />If to Developer: Washington Santa Ana Housing Partners, L.P. <br />c/o The Related Companies of California, LLC <br />19201 Von Karman Avenue, Suite 900 <br />Irvine, CA 92612 <br />48 <br />The Crossroads at Washington <br />City NSP Loan Agreement <br />