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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
<br />any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments,
<br />impositions and other charges imposed on the City in respect of any portion of the Project;
<br />(d) any violation of any environmental law, rule or regulation with
<br />respect to, or the release of any toxic substance from, the Property or the Project or any
<br />part thereof; or
<br />(e) any untrue statement or misleading statement or alleged untrue
<br />statement or alleged misleading statement of a material fact by the Developer contained in
<br />any Loan Document or any of the documents or instruments relating to said Loan
<br />Documents that the City relied upon in making the Loan; except to the extent such damages
<br />are caused by the gross negligence or willful misconduct of such Indemnified Party. In the
<br />event that any action or proceeding is brought against any Indemnified Party with respect
<br />to which indemnity may be sought hereunder, the Developer, upon written notice from the
<br />Indemnified Party, shall assume the investigation and defense thereof, including the
<br />employment and payment for of counsel selected by the Indemnified Party, and shall
<br />assume the payment of all expenses related thereto, with full power to litigate, compromise
<br />or settle the same; provided that the Indemnified Party shall have the right to review and
<br />approve or disapprove any such compromise or settlement.
<br />23.2. Time. Time is of the essence in these Restrictions.
<br />23.3. Construction. Except where the context otherwise requires, words
<br />imparting the singular number shall include the plural number and vice versa, words
<br />imparting persons shall include firms, associations, partnerships and corporations, and
<br />words of either gender shall include the other gender.
<br />23.4. Waiver of Jury Trial. Unless prohibited by Federal, State or local laws,
<br />each party to these Restrictions hereby expressly waives any right to trial by jury of any
<br />claim, demand, action or cause of action arising under any Loan Document or in any way
<br />connected with or related or incidental to the dealings of the parties hereto or any of them
<br />with respect to any Loan Document, or the transactions related thereto, in each case
<br />whether now existing or hereafter arising, and whether sounding in contract or tort or
<br />otherwise; and each party hereby agrees and consents that any such claim, demand, action
<br />or cause of action shall be decided by court trial without a jury, and that any party to these
<br />Restrictions may file an original counterpart or a copy of this section with any court as
<br />written evidence of the consent of the parties hereto to the waiver of their right to trial by
<br />jury.
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<br />The Crossroads at Washington
<br />City HOME Affordability Restrictions on Transfer of Property
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