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or by any statute or otherwise against Developer and any other person. Neither the failure <br />nor any delay on the part of the City to exercise any such rights and remedies shall operate <br />as a waiver thereof, nor shall any single or partial exercise by the City of any such right or <br />remedy preclude any other or further exercise of such right or remedy, or any other right <br />or remedy. <br />20.5. Waiver of Terms and Conditions. No waiver of any default or breach by <br />Developer hereunder shall be implied from any omission by the City to take action on <br />account of such default if such default persists or is repeated, and no express waiver shall <br />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 />leasehold interest in the Property (a "Transfer") and the assumption of the obligations <br />hereunder by a transferee, Developer's liability for performance shall be terminated as to <br />any obligation to be 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. Indemnity. 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 />17 <br />The Crossroads at Washington <br />City HOME Affordability Restrictions on Transfer of Property <br />